Unmarried? Estate Planning is Even More Important for You

When people think about estate planning, they often picture married couples with children, joint bank accounts, and shared homes. But if you’re unmarried – whether you’re single, in a long-term relationship, divorced, or widowed – you may need estate planning even more urgently than your married counterparts.

Why? Because the legal system doesn’t automatically protect unmarried individuals or their partners. Without a plan your wishes could be overlooked, your loved ones could be shut out, and your legacy could be decided by default rules that have nothing to do with what you actually want.

Here’s what makes estate planning so essential if you’re unmarried – and what you should do to protect yourself:

The Law Doesn’t Assume Anyone – Unless You’re Married

If you become incapacitated, or pass away, without an estate plan, the state steps in – and it doesn’t guess your intentions. Instead, it uses a fixed legal formula called intestate succession to decide:

• Who makes medical and financial decisions on your behalf if you are alive but incapacitated
• Who inherits your assets after you pass
• Who controls your estate after you pass

For married individuals, some of those rights automatically go to the spouse. But if you’re unmarried, even if you’re in a long-term relationship, your partner may have no legal authority over your care and may receive nothing under your estate.

Without a Will, Your Assets May Go to People You Never Intended

Let’s say you’re single with no children. You might assume your assets would go to your closest friends or a favorite charity when you die – but without a will, they could instead go to distant relatives you barely know (or don’t know at all). We have recently seen this twice including with 2nd and 3rd cousins!

If you’re in a relationship but not legally married, your partner won’t receive anything unless you name them specifically in a:

• Will
• Trust
• Beneficiary designation (for retirement or bank accounts, insurance policies, etc.)

The state won’t recognize an unmarried partner, no matter how long you’ve been together, unless legal documents say otherwise.

Healthcare and Financial Decisions Are at Risk Without Documents

If you were to become incapacitated – whether due to illness, accident, or age – who would make decisions for you?

If you don’t have powers of attorney in place:

• Your loved ones may have to go through a lengthy and expensive court process to be appointed as your guardian and/or conservator.
• The person making decisions on your behalf may not be the one you would have chosen.
• A long-term partner may be completely shut out of your care decisions, even if they know your wishes better than anyone.

Estate planning allows you to appoint a healthcare agent and a financial power of attorney, so someone you trust is empowered to step in when needed – no court involvement required.

Unmarried Parents Have Extra Considerations

If you’re an unmarried parent, proper planning is essential to:

• Name a guardian for your minor children in case something happens to you
• Ensure that assets pass in trust for your children, rather than directly
• Decide who will control those assets until your children are adults
• Clarify how your co-parent (or ex-partner) fits into your plans

Without clear instructions, custody or asset control may not go to the person you would choose.

Estate Planning Offers Privacy, Control, and Peace of Mind

For unmarried individuals, especially those with complex relationships or non-traditional family structures, estate planning puts you back in control. You can:

• Appoint who makes decisions if you can’t
• Avoid public court involvement and family disputes
• Decide exactly who inherits what once you pass away
• Protect and provide for people who aren’t legally tied to you

And you don’t have to be wealthy to benefit from an estate plan. Even a simple will, power of attorney, and healthcare directive can go a long way toward protecting your wishes.

Final Thoughts

Being unmarried doesn’t mean you have to be unprotected – but it may be even more important for you to plan ahead. Without proper estate planning, your most personal decisions could be made by default rules that don’t reflect your life, your relationships, or your values.

Whether you are in a committed relationship, happily single, co-parenting, or just want to make sure your affairs are in order, now is the time to create or update your estate plan.