Senior Associate
Unmarried couples in Massachusetts do not receive the same legal protections as married spouses when it comes to inheritance, medical decision-making, and financial affairs. Without an estate plan, your partner may have no automatic right to inherit assets, make health care decisions, or manage your affairs if you become incapacitated.
For couples who share a home, finances, or long-term plans, estate planning can help ensure that your wishes are carried out and that your partner is protected if something unexpected happens.
What Happens If an Unmarried Partner Dies Without an Estate Plan?
Massachusetts intestacy laws determine who inherits property when someone dies without a valid will. These laws prioritize legal spouses, children, parents, and other relatives.
An unmarried partner generally does not have inheritance rights under Massachusetts intestacy laws, regardless of how long the couple has been together. As a result, assets that would have gone to your partner may instead pass to family members.
This can create difficult situations, particularly when couples own property together, share expenses, or depend on each other financially.
How Can a Will Protect Your Unmarried Partner?
A will allows you to decide who receives your property after your death.
For unmarried couples, a will can:
- Leave assets to your partner
- Name your partner as your personal representative
- Designate guardians for minor children
- Specify how personal property should be distributed
Without a will, your partner’s ability to receive assets from your estate may be limited or nonexistent.
It is important to remember that a will only controls assets that pass through probate. Certain assets, such as life insurance policies and retirement accounts, are transferred according to beneficiary designations.
Why Are Health Care Proxies and Powers of Attorney Important?
Many people assume a long-term partner can automatically make medical or financial decisions on their behalf. In Massachusetts, that authority generally does not exist without proper legal documents.
A health care proxy allows you to appoint your partner to make medical decisions if you become unable to communicate your wishes.
A durable power of attorney allows your partner to handle financial matters such as:
- Paying bills
- Managing bank accounts
- Handling real estate transactions
- Communicating with financial institutions
Without these documents, your loved ones may need to seek court involvement to obtain authority to act on your behalf.
Should Unmarried Couples Consider a Trust?
In many situations, yes.
A revocable living trust can provide greater control over how assets are managed during your lifetime and distributed after your death. Assets held in a trust may also avoid probate, which can simplify administration for your partner.
Depending on your goals, a trust can:
- Provide financial support for your partner
- Protect assets for children from a prior relationship
- Establish instructions for managing property if you become incapacitated
- Create a more private method of transferring assets
Trust planning can be particularly useful for couples who own real estate together, have blended families, or have accumulated significant assets.
What Other Estate Planning Steps Should Unmarried Couples Take?
A comprehensive estate plan often includes more than a will or trust.
You may also want to review:
- Beneficiary designations on retirement accounts and life insurance policies
- Ownership arrangements for real estate and bank accounts
- HIPAA authorizations that allow access to medical information
- Long-term care and incapacity planning documents
These details can have a significant impact on whether your partner can access benefits, information, or property when needed.
Make Sure Your Partner Is Protected
Marriage is not the only way to build a life together, but it does come with legal rights that unmarried couples do not automatically receive. Estate planning allows you to create many of those protections through carefully prepared legal documents.
At LaFountain & Wollman, P.C., we help unmarried couples throughout Massachusetts create estate plans that reflect their relationships, goals, and priorities. Whether you need a will, trust, health care proxy, power of attorney, or a complete estate plan, we can help you put the right protections in place. Contact us today to schedule a consultation.