Unmarried Couples and Estate Planning: How to Protect Your Partner Without a Marriage Licence -Advice from a Seattle Estate Lawyer
Many couples build their lives together without getting married. They buy homes, raise children, share bank accounts, and plan for their future as a committed partnership. However, when it comes to legal protections, the law doesn't automatically recognize unmarried partners the way it does spouses. Without proper estate planning, your partner could face serious financial and legal obstacles at the worst possible time.
What Happens Without an Estate Plan?
If you pass away without a will or trust, state inheritance laws determine who receives your assets. These laws prioritize legal spouses, children, parents, and siblings. Your life partner, no matter how long you've been together or how intertwined your lives are, has no legal standing to inherit anything from you.
This means the home you purchased together, the savings you built as a couple, and even sentimental items could pass to distant relatives your partner has never met. Meanwhile, your partner could be left with nothing, despite years of shared life and financial contribution.
The Healthcare Crisis
Estate planning isn't just about money. Without proper legal documentation, your partner may be unable to make healthcare decisions for you if you're incapacitated. Hospitals and doctors are required to follow strict privacy laws, and without a Healthcare Power of Attorney and HIPAA Authorization, your partner could be blocked from accessing your medical information or advocating for your care.
We've seen situations where long-term partners were excluded from hospital rooms during critical moments because they weren't "legal family." Adult children or parents, even if estranged, would have more rights than the person who has been by your side for decades.
Essential Documents for Unmarried Couples
To protect your partner, you need several key documents. A will or revocable living trust ensures your assets pass to your partner rather than to distant relatives. Beneficiary designations on retirement accounts and life insurance policies should name your partner directly. A Durable Power of Attorney allows your partner to manage financial matters if you're incapacitated. Healthcare directives, including a Healthcare Power of Attorney and advance directives, ensure your partner can make medical decisions and access your medical information.
If you own property together, the title should reflect your intentions, whether through joint tenancy with right of survivorship or through a trust structure that provides clear instructions.
Taking Control of Your Future
Love doesn't require a marriage certificate, but legal protection does require intentional planning. Don't assume that simply living together or sharing finances creates automatic legal rights for your partner.
If you need assistance creating an estate plan that protects your unmarried partnership, we invite you to schedule a consultation with our office at 206-925-3242 to discuss your personal situation. Mention this article when you call, and we'll help you build the legal protections your relationship deserves.
