Estate Risks for Unmarried Couples
Unmarried couples who assume their longtime partner will automatically inherit assets or make medical decisions during an emergency could be making a costly mistake.
That's the message from Harry Margolis, estate planning attorney and author of "Get Your Ducks in a Row."
In an interview, Margolis said unmarried partners generally do not receive the legal protections that marriage automatically provides, making estate planning documents far more than a formality.
Without them, a surviving partner could lose inheritance rights, decision-making authority, and even the ability to participate in funeral or estate arrangements.
For millions of Americans living together without marrying, that distinction matters now. Estate planning isn't simply about passing along wealth. It's also about ensuring the person you trust most has legal authority when you need it.
Below is a transcript of the interview with Margolis, edited for brevity and clarity.
What estate planning documents do unmarried couples need?
Bob Powell: What happens when you're together but not married? What estate planning issues do you need to know about? Here to discuss that is Harry Margolis, author of "Get Your Ducks in a Row." Harry, what is it that unmarried partners need to know about estate planning?
Harry Margolis: Unmarried couples probably have even more incentive to do estate planning than married couples. Everyone should have an estate plan, but the law automatically gives married couples many rights that unmarried partners don't have.
Depending on the state, spouses may automatically have inheritance rights, authority to communicate with doctors if a partner is hospitalized, access to medical information, and other legal protections.
If you're not married, you have to create those rights yourself.
If you want your partner to communicate with medical providers when you're injured or become ill, you need a health care proxy or health care power of attorney, depending on your state.
If you want your partner to make financial or legal decisions for you, you need a durable power of attorney.
If you want your partner to inherit your assets, you need a will, unless you've already arranged for assets to pass through beneficiary designations, joint ownership, or trusts.
A will also names your executor or personal representative. Without one, an unmarried partner has no automatic standing as next of kin. Parents, children, or siblings generally have those rights instead.
If you want your partner involved in your affairs after your death or incapacity, you need the proper legal documents.
Key takeaways
- Unmarried partners generally have no automatic inheritance or decision-making rights.
- A will, health care proxy, and durable power of attorney are foundational estate-planning documents.
- Review beneficiary designations regularly, especially after relationship changes.
- Without proper planning, assets may pass to relatives instead of a longtime partner.
- Putting legal documents in place now can help avoid family disputes and costly litigation.
Why do beneficiary designations matter?
Bob Powell: I assume the same is true for beneficiary designations on retirement accounts, life insurance policies, and similar assets.
Harry Margolis: Exactly. If they're not named, they have no rights.
It's also important to review beneficiary designations if your relationship changes. Some unmarried relationships last for decades, while others do not. Because there isn't a formal divorce process, people often forget to update beneficiary forms, wills, and other documents after a breakup.
What is the worst-case outcome if unmarried partners don't plan?
Bob Powell: What's the worst-case outcome if an unmarried partner isn't named in a will, trust, or beneficiary designation?
Harry Margolis: Essentially, they have no rights and receive nothing.
Someone could try to argue there was an agreement or contractual claim against the estate, but that's often difficult. Those disputes frequently lead to litigation, which is expensive and usually benefits only the lawyers.
It's much better to avoid that situation by putting your own estate plan in place.
Why is estate planning even more important for unmarried couples?
Bob Powell: It sounds like much of your advice is similar to what you'd give married couples, except the consequences of failing to plan are even greater.
Harry Margolis: That's exactly right. We recommend estate planning for everyone, but it's even more important when you don't have the legal protections that come with marriage.
What this means for you
If you and your partner are not married:
- Create a will if you want your partner to inherit assets.
- Complete a health care proxy or health care power of attorney so your partner can make medical decisions if you're unable to.
- Sign a durable power of attorney to authorize financial decisions during incapacity.
- Review beneficiary designations on retirement accounts and life insurance policies regularly, especially after relationship changes.
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This story was originally published June 28, 2026 at 5:07 AM.