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What estate planning steps should unmarried couples consider?

On Behalf of | Oct 17, 2025 | Estate Planning

Many unmarried couples share homes, money, and responsibilities, but the law doesn’t always see their relationships the same way it does for married couples. Without an estate plan, one partner could lose access to shared assets or the right to make decisions if the other becomes ill or passes away. That’s why estate planning is so important for unmarried partners.

Create wills that show your wishes 

A will lets you decide who gets your property when you die. If you don’t have one, state laws decide how your assets are divided—and your partner might not get anything. Each partner should make a will that clearly states what the other will inherit. You can also name a guardian for children and share your wishes for funeral arrangements to prevent confusion or conflict.

Set up powers of attorney and healthcare directives 

If a medical emergency happens, doctors might not let an unmarried partner make healthcare choices. A durable power of attorney for healthcare and a living will allow your partner to make those decisions if you can’t. You can also create a financial power of attorney so your partner can pay bills, manage property, and handle accounts if you become unable to do so.

Review property ownership and beneficiary designations 

Owning property together or naming your partner as a joint account holder can make sure assets go directly to them without probate. Check all your beneficiary designations on retirement accounts, life insurance, and bank accounts. These forms take priority over your will, so keeping them up to date helps make sure your partner gets what you want them to have.

Use trusts to provide protection and flexibility 

Trusts can help unmarried couples care for each other while keeping control over how assets are handled. A revocable living trust lets you manage your property while you’re alive and decide what happens to it after death. It also keeps your plans private and can help avoid delays or disputes.

Protect your future through careful planning 

Making a complete estate plan helps both partners feel secure and respected. By putting your wishes in writing now, you protect your relationship and shared assets for the future.

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