Estate Planning for Unmarried Couples: Should You Hire a Lawyer?

These days, we see new developments in relationships. Many couples are choosing long-term partnerships without going through the traditional route or marriage. There’s nothing wrong with that because it’s the agreement of two adults. But while love doesn’t need legal permission to exist, the law still sees things differently when it comes to estate planning.

If you and your partner are not married, you automatically are not eligible for the benefits that married couples receive. That’s where smart estate planning and yes, a good lawyer comes in.

Why Estate Planning Is Especially Important for Unmarried Couples

Here’s a difficult truth: without proper planning, your partner could not be included in important decisions, or even inheritance if something happens to you. In the eyes of the law, “partner” is not the same as “spouse”. That means if you pass away without a will or trust in place, your assets may go to your closest legal relatives (like parents or siblings) not your partner. 

And if per adventure, you become incapacitated, your partner may not have a say in your healthcare or financial decisions. Estate planning helps you prevent these situations. It’s your way of staying afloat of the situation despite what the law says.

Important Documents Every Unmarried Couple Should Have

You don’t have to stres yourself getting unnecessary paperwork, only a few is needed to create an estate plan for you and your partner:

• A will or living trust

This document clearly outlines who inherits your assets and properties. This helps to prevent disputes and chaos between your relative. A trust also help you avoid probate. 

• Durable power of attorney 

This document gives your partner the ability to handle financial matters on your behalf in case you’re unable to do so yourself.

• Healthcare power of attorney 

This document allows your partner to make medical decisions for you if needed.

• Living will/advance directive

This document outlines your wishes for how you want to be taken care of when you’re sick or approaching death (end-of-life care).

• Joint ownership documents 

For shared assets like homes or bank accounts, having both names on the title can make access easier. 

These documents helps to ensure your partner has a say in your decisions during critical moments.

Should You Hire a Lawyer?

If you want to be fully protected, hiring an estate planning lawyer is your best bet. Though you can easily get template available online, estate planning for unmarried couples can be a little complicated especially when it comes to shared property and kids from previous relationships.

A layer can help you with:

• Creating a solid legal plan that reflects your relationship.
• Ensuring your documents are valid in your state of residence.
• Avoiding unnecessary mistakes that could lead to your wishes being declined.
• Providing peace of mind that everything is covered and up to date.

Estate planning is not just about having a bunch of paperwork, it’s about protecting the life you’ve built with your partner over the years.

Conclusion 

Estate planning is not a romantic venture, instead it’s one of the romantic things you can do for your partner. It means you’re thinking ahead and making plans to ensure your partner is taken care of even in your absence.

If you’re an unmarried couple, don’t sit and assume everything will work out. Talk about your future, make plans, get the right documents and consider working with a lawyer who can help turn your intention into a legacy for posterity.