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by Marie Feindt, J.D. on Jul 17, 2025
Estate Planning for Unmarried Couples: Ensuring Protection and Legacy
For unmarried couples, estate planning is essential to ensure that partners can make decisions for each other and inherit assets as intended. Without the legal protections afforded to married couples, partners must proactively establish legal documents to safeguard their rights and fulfill their legacy goals.
- Beneficiary Designations: Directing Asset Distribution
Beneficiary designations on accounts such as retirement plans, life insurance policies, and payable-on-death (POD) bank accounts override Wills and dictate who receives these assets upon death. Unmarried partners should:
- Review and update beneficiary designations to include each other where desired.
- Consider contingent beneficiaries in case the primary beneficiary predeceases the account holder.
- Understand that without proper designations, assets may default to blood relatives or next-of-kin under intestate law, excluding the partner.
Remember: unmarried domestic partners are non-eligible designated beneficiaries; they generally fall under the 10-Year Rule of Secure 2.0:
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The entire inherited IRA must be fully distributed by December 31 of the 10th year following the year of the IRA owner's death. |
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No annual RMDs required (if owner died before RBD) |
But the full account must be emptied by the end of the 10th year. |
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Annual RMDs may apply (if owner died after RBD) |
RMDs must be taken in years 1–9, and the entire account must still be emptied by year 10. |
- Financial Power of Attorney: Managing Finances During Incapacity
A durable financial power of attorney allows one partner to manage the other's financial affairs if they become incapacitated. This includes:
- Paying bills, managing bank accounts, and handling investments.
- Avoiding court-appointed guardianship, which can be time-consuming and may not align with the couple's preferences.
Without this document, a partner may have no legal authority to handle financial matters, potentially leading to financial hardship.
- Healthcare Power of Attorney and HIPAA Authorization: Making Medical Decisions
Healthcare decisions are critical during medical emergencies. Unmarried partners should:
- Establish a healthcare power of attorney, designating each other to make medical decisions if one becomes incapacitated.
- Sign a HIPAA authorization, allowing access to medical records and communication with healthcare providers.
Without these documents, medical professionals may defer to blood relatives, excluding the partner from decision-making processes.
- Wills: Ensuring Asset Distribution and Appointing Executors
A Will outlines how assets should be distributed upon death and can:
- Name the partner as a beneficiary, ensuring they inherit specific assets.
- Appoint the partner as executor, granting them authority to manage the estate.
In the absence of a will, state intestacy laws typically favor blood relatives or next-of-kin, potentially leaving the surviving partner without inheritance rights.
- Legacy Considerations: Incorporating Charitable Giving
Unmarried couples may wish to leave a lasting impact through charitable contributions. Strategies include:
- Including charitable bequests in wills or trusts, specifying donations to favored organizations.
- Establishing donor-advised funds, allowing for ongoing philanthropic involvement.
- Utilizing charitable remainder trusts, providing income to the surviving partner with the remainder benefiting a charity.
These approaches can fulfill philanthropic goals while offering potential tax benefits.
- Considerations for Couples with Children
For unmarried couples with children, estate planning must address guardianship and financial provisions:
- Designate legal guardians in Wills to ensure children are cared for by chosen individuals.
- Consider Standby Guardianship.
- Establish trusts to manage assets for children's benefit, specifying terms for distributions.
- Clarify custody arrangements to prevent legal disputes and ensure stability for the children.
Without these provisions, courts may make decisions that do not align with the couple's intentions.
Estate planning for unmarried couples requires deliberate action to ensure that partners can care for each other and honor their shared legacy. By establishing clear legal documents—such as beneficiary designations, powers of attorney, wills, and charitable plans—couples can protect their rights and intentions. Consulting with an estate planning attorney can provide personalized guidance to navigate these complexities and create a comprehensive plan tailored to the couple's unique circumstances.
For Informational Purposes only and not for legal or tax advice.
About the Author – Marie Feindt, JD
Marie Feindt is the Planning Specialist – Estate Attorney at Members’ Wealth, a boutique wealth management firm that offers a comprehensive and holistic approach to serving individuals, families, business owners, and institutions. The firm’s goal is to preserve and grow its clients’ wealth to endure over time, while thoughtfully evolving its strategy to suit an ever-changing world. With over 20 years of estate planning experience, Marie and the Members’ Wealth team thrive on bringing clarity and confidence to clients’ unique situations. She believes everyone, young adults and older, need the essential documents to conserve and preserve and transfer assets accumulated during lifetime to the next generation.
Marie received her JD from Widener University School of Law, her bachelor’s degree from Penn State University, University Park and is currently enrolled in the Villanova University Charles Widger School of Law Graduate Tax Program.
Marie is an Adjunct Faculty at the Villanova University College of Professional Studies Paralegal Professional Certificate Program where she teaches Estates & Trusts and Civil Procedure & Litigation and Torts & Personal Injury Law.
Marie volunteers for a monthly legal clinic at The Salvation Army in Chester, PA facilitated by the Christian Legal Clinic of Philadelphia. She has served on the Women’s Commission of Delaware County and as a Board Member for the Delaware County Literacy Council.
Marie enjoys biking, reading, yoga and walking in her free time with her husband and three children.
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