Why Estate Plans are Especially Important for Unmarried Couples: No matter how long unmarried partners have been together, they don’t automatically inherit assets and can’t make medical decisions during emergencies. Marriage provides certain legal protections not given to unmarried partners, says a recent article, “Estate plans for unmarried couples: Protect your partner, your wishes” from The Street.
Millions of Americans live together without marrying. Without estate planning, partners have no inheritance rights, no authority to make medical decisions and, depending on family dynamics, no opportunity to be part of funeral or memorial arrangements.
Unmarried couples need estate planning more than traditional married couples. Married spouses have inheritance rights, the ability to speak with doctors, access to medical information and other legal protections. If you’re not married, those rights need to be proactively created with estate planning.
An unmarried partner needs to be included in a will, unless all assets are going to pass through beneficiary designations, joint ownership, or trusts. The will is also used to name the executor or personal representative who is authorized to oversee the estate’s administration. Parents, children, or siblings will have this right if there’s no will.
Beneficiary designations are also needed if the wish is for the unmarried partner to receive assets in certain accounts. People often forget to update these forms, and unintended people end up with unexpected windfalls.
The worst-case outcome if unmarried partners don’t plan, name each other in a will, trust or as beneficiaries? They have no rights and receive nothing. Couples living together with only one person on the deed should know the surviving partner could be evicted by heirs. Litigation may be pursued. However, it’s not likely to succeed. It’s better to avoid this kind of situation by having an estate plan created.
What should unmarried partners do? Start by meeting with an estate planning attorney to create the following documents:
- Last will and testament to name executor, guardian if there are minor children and distribute assets
- Health care proxy or health care power of attorney, so your partner can make medical decisions on your behalf.
- Durable power of attorney to authorize financial decisions in case of incapacity.
Review beneficiary designations on life insurance policies, retirement accounts and any financial documents allowing a beneficiary to be named.
Why Estate Plans are Especially Important for Unmarried Couples: Everyone should have an estate plan, whether they are married, single, or in an unmarried relationship. For unmarried couples, the consequences of failing to plan are even greater without the legal protection of marriage.
Reference: The Street (June 28, 2026) “Estate plans for unmarried couples: Protect your partner, your wishes”