Estate planning is essential for everyone, but for non-traditional families and unmarried partners, it can be absolutely critical. Without the legal protections that marriage automatically provides, individuals in these relationships must take deliberate steps to ensure their loved ones are included in important decisions and inheritances.
Whether you’re in a long-term partnership, part of a blended family, or close to chosen family members who aren’t legally related, the right estate plan can help you protect the people who matter most. Keep reading for more information from Verras Law.
Why Traditional Estate Planning Doesn’t Work for Everyone
Married couples benefit from a range of default legal rights under state and federal law. These include:
- Automatic inheritance rights in the absence of a will
- Priority in medical decision-making
- Access to health and financial records
- Rights to jointly owned property and pensions
Unmarried partners and non-relatives, however, typically have no such default rights, even after decades together. Without proactive planning, a surviving partner may:
- Be left out of inheritance entirely
- Be barred from making medical decisions
- Be denied access to a shared home
- Be forced into legal disputes with blood relatives
Fortunately, with a well-crafted estate plan, these outcomes can be avoided.
Key Estate Planning Strategies for Unmarried Partners and Chosen Families
Create a Comprehensive Will
If you die without a will (intestate), state law determines who inherits your assets, and unmarried partners are not on that list. A will allows you to:
- Name your partner or friend as a beneficiary
- Distribute assets to chosen family members
- Appoint a personal representative (executor) you trust
Without a will, your estate may go to estranged relatives or even escheat to the state.
Use a Revocable Living Trust
A revocable living trust enables you to transfer property to loved ones without the need for probate. This can:
- Ensure privacy and avoid court involvement
- Allow for faster, smoother transfers of property
- Protect a partner from challenges by disapproving family members
You can name yourself as trustee during your lifetime and appoint your partner or friend as successor trustee after your death or incapacity.
Execute a Durable Power of Attorney
This document allows someone you trust to handle your financial and legal matters if you become incapacitated. For unmarried partners, this can be the difference between access and exclusion.
Make sure your durable power of attorney:
- Is broad enough to cover financial, tax, and legal decisions
- Names your partner or chosen family member as your agent
- Complies with state law and is properly witnessed or notarized
Sign an Advance Healthcare Directive
Also known as a living will or health care proxy, this document lets you:
- Appoint someone to make medical decisions on your behalf
- Specify your wishes for life-sustaining treatment
- Ensure your partner is allowed in the hospital and consulted on care
Without this in place, medical staff may defer to next of kin, potentially excluding the person who knows you best.
Complete a HIPAA Authorization
Due to strict medical privacy laws, even long-term partners can be denied access to medical records without written authorization. A HIPAA release allows doctors and hospitals to share health information with your designated individual.
Address Real Estate Ownership
If you own a home together, the way the deed is titled matters. Consider:
- Joint tenancy with right of survivorship, which automatically transfers ownership to the surviving partner
- Adding your partner to the deed (with guidance from an attorney to avoid unintended tax consequences)
- Using a trust to manage and transfer real estate
Failing to plan can result in your partner being forced out of the home by legal heirs.
Review Beneficiary Designations
Certain assets pass outside of probate and aren’t governed by your will or trust. Be sure to name your partner or chosen loved one as a beneficiary on:
- Retirement accounts (401(k), IRA)
- Life insurance policies
- Payable-on-death bank accounts
Keep these designations up to date, especially after major life events.
The Importance of Professional Guidance
Non-traditional families face a unique set of legal hurdles. Estate planning for unmarried partners requires careful attention to detail to avoid conflicts and ensure your intentions are legally binding.
At Verras Law, we understand the challenges and priorities of non-traditional families. We’re here to create a customized plan that respects your relationships and protects your future.
Whether you’re cohabiting without marriage, part of a blended or chosen family, or simply want to leave a legacy to someone outside your bloodline, we can help you take the necessary steps.
Contact Verras Law Today
If you or someone you care about is part of a non-traditional family structure, now is the time to make your wishes known and legally enforceable. Contact Verras Law today to schedule a consultation and start building a secure future for the people you love.
We proudly serve clients throughout Palm Harbor, St. Petersburg, and the greater Tampa Bay area.