Estate Planning for Unmarried Couples: Understanding Your Options
When people think about estate planning, they often picture married couples creating wills, trusts, and powers of attorney together. But what about couples who aren’t married? In California, unmarried couples don’t have the same automatic rights and protections as married spouses.
That means estate planning is not just recommended, it’s essential. Without proper planning, state law may dictate who receives your assets, who makes decisions for you if you’re incapacitated, and who is recognized as your partner.
Below, we’ll explore the key estate planning tools available for unmarried couples and how they can help protect your relationship and future.
Why Estate Planning Matters for Unmarried Couples
California’s intestacy laws (the rules that determine who inherits when someone dies without a will) favor legally recognized family members such as spouses, children, and parents. Unmarried partners are not included. This means that if you pass away without a plan, your partner may receive nothing, regardless of how long you’ve been together.
Plus, without proper documentation, your partner may have no legal right to make medical or financial decisions on your behalf in the event of incapacity. Estate planning ensures that your wishes (and your partner) are protected.
Key Estate Planning Tools for Unmarried Couples
Wills and Trusts for Unmarried Couples
A will allows you to name beneficiaries for your assets and appoint an executor. For unmarried couples, this ensures your partner inherits as you intended. However, wills must go through probate in California, which can be lengthy and public.
A revocable living trust is often a stronger option. Trusts bypass probate, allowing your partner to access assets more quickly and privately. They also allow you to name alternate beneficiaries and outline specific terms for asset distribution.
Powers of Attorney
If you become incapacitated, a financial power of attorney allows your partner to manage your financial affairs, such as paying bills, handling investments, and accessing accounts. Without this document, your partner may need to go to court to gain authority, which can be stressful and time-consuming.
Advance Health Care Directive
In California, an advance health care directive lets you name your partner as the person to make medical decisions if you can’t speak for yourself. It also allows you to state your wishes regarding life support, organ donation, and end-of-life care. Without this directive, medical providers may turn to family members instead of your partner.
Beneficiary Designations for Unmarried Couples
Some assets, like retirement accounts, life insurance policies, and payable-on-death bank accounts, pass directly to named beneficiaries. Be sure to update these designations to include your partner if that’s your intent.
Taking the Next Step
Estate planning for unmarried couples in California requires proactive steps to ensure your wishes are honored and your partner is protected. Wills, trusts, powers of attorney, and healthcare directives work together to give you peace of mind and safeguard your relationship.
Work With an Experienced Estate Planning Attorney in the Bay Area
If you and your partner are ready to protect your future, it’s important to work with an experienced estate planning attorney who understands California law. A trusted attorney can help you create a personalized plan that ensures your wishes are respected and your partner is secure.
Contact Lonich Patton Ehrlich Policastri today to schedule your free consultation and start building the protection you both deserve.
Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Michael Lonich
Specializing in Divorce and Estate Planning, I am San Jose Attorney, Michael E. Lonich; and I have been battling for client’s rights for nearly 40 years. When focusing on divorce, child custody, and related matters, I know all too well the emotional and financial toll divorce has on clients. Integrity, common sense, and a passion for what I do which guarantee the best possible results for my clients. Resolution of family law issues requires an attorney able to navigate the myriad legal and emotional issues presented in cases. Financial issues, child custody, domestic violence, valuation of property, analysis of RSUs, hidden assets, spousal and child support, all may require trial, mediation, or a collaborative effort with the parties. Regardless, each client gets the individualized attention they require. Every family law case is unique, we partner with you to develop a comprehensive approach to get the best results.
