No Marriage Equals No Probate Protection: Estate Planning for Unmarried Partners in Michigan

For two people in love, marriage is a choice, not a requirement. Whether for personal, financial, or philosophical reasons, many couples forgo the altar. However, avoiding the legalities in this case doesn’t actually make things easier, legally speaking. In fact, it makes them harder.

Without marriage’s legal protections and benefits, unmarried couples must cover their own affairs. This includes having an up-to-date estate plan. Without one, the court will settle your affairs under probate law, which doesn’t recognize your relationship status.

Here’s what you need to know about estate planning for unmarried partners in Michigan, why it’s so important, and what Kreis Enderle can do to help you.

No Automatic Protections for Unmarried Partners

Many unmarried couples assume that opting out of marriage makes things easier, legally speaking. However, the opposite is actually true. In fact, the longer you’re together without getting married, the more legal headaches you run into.

That’s because marriage is a legally recognized contract between two parties. State and federal governments benefit from these long-term relationships, which is why they offer incentives (such as tax benefits and legal protections) to encourage people to marry.

Unfortunately, these incentives don’t extend to unmarried couples. This exposes unmarried partners to legal gaps in areas like probate, where being a committed partner isn’t enough to change the law—no matter how long you’ve been together.

If It’s Not Legal, Your Wishes Don’t Matter

As an unmarried couple, if you die or are incapacitated without specific planning in place, your partner won’t be afforded the protections and presumptions available to a spouse. Instead, the court will treat your partner as if they don’t matter, from a legal standing perspective anyway, and make decisions for you based on Michigan law.

When it comes to estate law, this means your partner cannot automatically:

• Inherit your property.
• Remain in a property you own (unless they are also on the title).
• Manage your estate without court approval.
• Qualify for any spousal allowance or Social Security benefits.
• Consent to or refuse treatment on your behalf.
• Make medical decisions on your behalf.
• Access your medical information or take part in treatment plans.
• Manage your accounts while you’re incapacitated.
• Access accounts that are solely in your name.
• Make end-of-life decisions for you.

 

Without a will, your partner would have to petition the court for the right to have a say in any of these areas. And even if the court did grant some access, it likely wouldn’t cover everything, leaving the person you cared most about unprotected.

Don’t Leave Things up To Chance

The good news is that unmarried couples don’t have to tie the knot to make things official. With a solid estate plan, you can protect your partner and give them the same rights as if you were married.

An estate plan is a collection of documents that outlines how you want your affairs managed if you die or are incapacitated. In Michigan, this includes important documents such as:

• Last Will and Testament—distributes assets, assigns minor child guardianship, and appoints a personal representative (executor).
• Living Trust—allows a trustee to hold and manage your assets while you are alive, but perhaps incapacitated, and avoids probate court after death.
• Financial Power of Attorney—appoints a trusted individual to make financial decisions for you, if incapacitated.
• Medical Power of Attorney (or “Patient Advocate Designation”)—appoints a trusted individual to make medical decisions for you, if incapacitated.
• Living Will—outlines your preferences for medical treatments, life-sustaining practices, and end-of-life decisions, if you are incapacitated.
• Letter of Instruction—conveys key administrative details to your heirs, such as accounts, passwords, and funeral arrangements.

 

As a committed, long-term couple, your life may include all the same elements as married partners: joint assets, property, and even children. Proper estate planning protects the life you built together and ensures your wishes are legally binding if the worst ever happens.

Do You Need Help Drafting Your Estate Plan?

Being unmarried doesn’t mean you don’t have to worry about legalities, and estate planning is just as important for unmarried couples as it is for married ones. In fact, in some cases, it’s even more important.

Regardless of relationship status, everyone needs a good estate plan. If you have questions about drafting these important legal documents, we want to hear from you. Contact Kreis Enderle today for a free consultation, and together, we can help protect your rights and give you peace of mind, knowing that whatever happens, your wishes are legally binding.