Estate planning is often thought of as something married couples do to protect each other and their families. But what if you’re in a committed relationship without a marriage certificate, civil union, or domestic partnership? For unmarried partners, estate planning isn’t just important — it’s absolutely essential.
Without the right documents in place, your partner could be legally excluded from inheriting your property or even making decisions about your healthcare. State laws do not automatically protect unmarried couples, which means if one partner dies or becomes incapacitated, the other may be left with no rights at all.
Why Estate Planning Is Crucial for Unmarried Partners
If you are not legally married or in a recognized partnership, the law does not view your relationship the same way it views a spouse. This can have devastating consequences if something happens to you.
- Inheritance Rights
If you die without a will, your estate is distributed under New York State intestacy laws. These laws prioritize spouses, children, and blood relatives. Unmarried partners are not recognized, which means your partner will inherit nothing — no matter how long you’ve lived together or shared assets.
- Healthcare Decisions
Without proper planning, your partner may not be able to make medical decisions for you if you are incapacitated. Hospitals will defer to your legal family — parents, siblings, or children. A healthcare proxy or power of attorney is essential to ensure your partner has a voice.
- Property Ownership
If only one partner’s name is on the deed or lease, the other could lose their home upon death. Estate planning tools like joint tenancy, living trusts, or transfer-on-death deeds can prevent this.
- Financial Security
Bank accounts, retirement funds, and life insurance policies may not automatically pass to your partner unless you specifically designate them as a beneficiary. Estate planning ensures financial protection.
- Guardianship of Children
For unmarried couples raising children, guardianship can become complicated. Without clear legal instructions, the surviving partner may not automatically retain custody. Estate planning clarifies and secures guardianship rights.
In short, estate planning ensures your partner isn’t left “out in the cold” simply because the law doesn’t recognize your relationship.
Essential Estate Planning Tools for Unmarried Couples
A skilled attorney can help unmarried partners use estate planning tools that provide the same protections married couples enjoy. These include:
- Wills – Clearly state who inherits your property, ensuring your partner is included.
- Living Trusts – Allow your partner to manage or inherit assets without probate.
- Durable Power of Attorney – Authorize your partner to handle financial and legal matters if you cannot.
- Healthcare Proxy & Living Will – Ensure your partner can make medical decisions and that your wishes are respected.
- Beneficiary Designations – Update retirement accounts, insurance policies, and bank accounts to name your partner.
- Joint Ownership of Property – Establish joint tenancy with rights of survivorship to protect shared homes.
- Guardianship Nominations – Secure custody rights for children in blended families.
These tools, when properly drafted and executed, give unmarried couples the legal recognition and protection that state law does not provide automatically.
Why You Need an Estate Planning Attorney
While DIY estate planning kits are widely available, they often fail to address the complex realities unmarried partners face. Small mistakes — like failing to update beneficiary designations or mismanaging trust documents — can cause your partner to lose everything you intended for them.
An experienced estate planning attorney ensures:
- Your documents comply with New York law.
- Your partner is fully protected, both financially and medically.
- Tax strategies are used to minimize estate taxes and maximize inheritances.
- Potential disputes with family members are prevented through clear, enforceable instructions.
- Complex issues like blended families, business ownership, or real estate are properly managed.
Estate planning for unmarried partners requires customized solutions. An attorney provides the tailored guidance you need to avoid costly mistakes.
Why Choose The Estate Planning Law Firm of Figeroux & Associates?
In Brooklyn, Figeroux & Associates is the trusted choice for estate planning, especially for unmarried partners seeking peace of mind. Here’s why:
- Experience in New York Estate Law
The attorneys at Figeroux & Associates have years of experience navigating the nuances of New York estate planning, probate, and family law. They know how to protect unmarried partners from being excluded by default inheritance laws.
- Comprehensive Services
The firm offers everything from wills and trusts to healthcare directives, guardianship planning, and probate services. This full-service approach ensures every aspect of your estate plan is covered.
- Client-Centered Approach
Every relationship is unique. The attorneys take time to understand your goals and design an estate plan tailored to your life, your assets, and your partner’s needs.
- Conflict Prevention
Unmarried partners often face challenges from family members who may contest wills or challenge inheritances. The firm drafts documents with clarity and precision to minimize disputes.
- Accessible and Trusted
Located conveniently at 26 Court Street, Suite 701, Brooklyn, NY 11242, Figeroux & Associates is a cornerstone of the Brooklyn legal community. Their website, www.askthelawyer.us, and phone number, 855-768-8845, provide easy access for consultations and resources.
- Compassion and Discretion
Estate planning involves personal and sometimes sensitive issues. The firm handles every case with compassion, discretion, and respect for your privacy.
The Cost of Doing Nothing
If you don’t have an estate plan and you’re in an unmarried partnership, the consequences can be devastating:
- Your partner inherits nothing.
- Your partner cannot make medical or financial decisions for you.
- Your children may be placed with other relatives.
- Family disputes may erupt, leaving your partner without legal standing.
- Your wishes may never be carried out.
The good news is that with the right attorney, these outcomes are preventable.
Conclusion
For unmarried partners, estate planning is not optional — it’s essential. Without it, the law offers no protection, and your partner could be excluded from your estate, medical decisions, and even the home you built together.
The best way to safeguard your relationship, your assets, and your loved ones is by working with an experienced estate planning attorney. In Brooklyn, the right choice is The Estate Planning Law Firm of Figeroux & Associates, located at 26 Court Street, Suite 701, Brooklyn, NY 11242. Visit www.askthelawyer.us or call 855-768-8845 to get started today.
Your legacy, your wishes, and your partner’s future deserve the protection only a well-crafted estate plan can provide.
