Do Unmarried Couples Need an Estate Plan?

Estate planning is a crucial step for anyone who wishes to protect their assets and ensure their wishes are carried out after their passing. While it’s common for married couples to create an estate plan together, unmarried couples may wonder if they need to take similar steps. The answer is a resounding yes. In Michigan, the laws do not automatically provide unmarried couples with the same legal rights as married couples, making estate planning important. Our attorneys at the Van Den Heuvel Law Office help you understand why estate planning is critical to preserving your future wishes.

Why Estate Planning is Essential for Unmarried Couples

In Michigan, there is no recognition of common law marriage, which means that unmarried partners do not have the automatic right to inherit each other’s property. Without a legally binding estate plan, unmarried partners face significant risks and uncertainties. Should one partner pass away without a proper estate plan, state intestacy laws will determine the distribution of assets, usually prioritizing children, parents or other close relatives over the surviving partner. This could leave the surviving partner without financial support or rights to shared property.

Creating a Will

A will is a fundamental component of any estate plan, especially for unmarried couples. By drafting a will, you can control the distribution of your assets and ensure that your partner inherits according to your wishes. Additionally, a will allows you to:

• Name a guardian for minor children.
• Permit your partner to reside in your home.
• Provide funds for the home’s upkeep.

Without a will, the state will follow its intestacy laws, which do not recognize an unmarried partner as an heir.

Titling Property Correctly

Jointly owned properties must be titled in both partners’ names to avoid complications. If one partner’s name is not on the title, the surviving partner may lose the property upon the other partner’s death. Proper titling ensures that both partners have equal rights to the property, providing security and avoiding potential legal disputes.

Assigning Beneficiaries

It’s essential to update the beneficiaries on all relevant accounts, such as trusts, life insurance policies, and retirement plans. Both married and unmarried couples should regularly review and update these designations to reflect significant life changes, such as:

• Passing of a partner.
• Deciding to marry.
• Ending the relationship.

Properly designated beneficiaries ensure that your assets are distributed according to your wishes, offering financial protection to your loved ones.

Medical Power of Attorney and Healthcare Directives

Unmarried couples should consider creating a medical power of attorney. This legal document names your partner as a healthcare agent, granting them the authority to make medical decisions on your behalf and discuss your treatment with healthcare providers. Additionally, a healthcare directive or living will allow you to communicate your preferences regarding medical care if you become incapacitated. Without these documents, your partner may be excluded from critical decisions and updates about your condition.

Secure Your Future with the Van Den Heuvel Law Office

Estate planning is crucial for unmarried couples to protect their assets, ensure their wishes are fulfilled and provide for their loved ones. Without proper planning, you risk leaving your partner without financial support and rights to shared property. At Van Den Heuvel Law Office, we offer comprehensive estate planning services tailored to your unique situation. Our experienced attorneys are here to help you navigate the complexities of estate planning, from creating wills and assigning beneficiaries to drafting cohabitation agreements and healthcare directives.

Don’t leave your future to chance. Contact us today to schedule a consultation.