Estate Planning for Unmarried Couples in Massachusetts – All You Need to Know

Living with an unmarried partner is increasingly common, but not many individuals think about their long-term plans with the person they live with. When estate planning for unmarried couples in Massachusetts, it is important to explore the subject with a reputable estate planning firm, such as Albanese Law, LLC. A quality and comprehensive plan can enable you to control what happens when you are no longer here.

At Albanese Law, LLC, we understand the courts, and we know the ins and outs of estate planning laws. When we discuss your case, we can go over what your wishes are for your healthcare and assets. We can also see where your and your partner’s estate plans overlap. Together, we can secure your legacy and future.

How Albanese Law, LLC, Can Help

When you need to hire an estate planning lawyer to handle your estate planning case, Albanese Law, LLC, has the knowledge and experience to assist. Not only can we draft essential documents such as wills, trusts, and powers of attorney, but we can also advise on tax reduction, reduce probate costs, and plan for incapacity. Your Massachusetts estate planning attorney can also make sure everything complies with state and federal laws.

What Is Estate Planning?

Estate planning is a comprehensive process that occurs during the planner’s lifetime. It lets them arrange for the management and transfer of their assets, property, and personal matters in the event of incapacitation and after death. Generally, estate planning involves creating legal documents, such as wills, trusts, and powers of attorney, to dictate beneficiaries, minimize taxes, and make sure wishes are honored.

Key aspects of estate planning include:

• Asset management
• Incapacity planning
• Guardianship
• Tax optimization
• Documents such as a durable power of attorney, revocable living trust, last will and testament, and healthcare directive/proxy

Estate planning is not just for the wealthy. It is an essential process for any adult to control their legacy, protect their families, and reduce legal complications.

Estate Planning for Unmarried Couples in Massachusetts

According to the United States Census Bureau, an estimated 17 million unmarried partners live together, or 7% of the total population. This number has nearly tripled in two decades, and as more unmarried couples live together, the need to address future plans together increases. Estate planning for unmarried couples in Massachusetts is important.

When making estate plans for unmarried couples, in addition to creating individual trusts, some legal documents that the couple should consider having in place include:

• A healthcare proxy for life-sustaining medical decisions
• A financial durable power of attorney
• A last will and testament

With these documents in place for each individual, you can have control over your future care and assets without entirely separating yourself from your partner. With individual documentation, there can be legalities that surround each person’s individual wishes. However, you can also include each other in your documents if, for example, you want to leave some assets to your partner or assign certain healthcare decisions to them.

Special Considerations

Estate planning for unmarried couples is essential for partners to have legal authority and inheritance rights, as state laws often exclude non-married partners. Key tools such as a last will and testament, a revocable living trust, a durable power of attorney for finances, and a healthcare directive can prevent probate, control asset distribution, and grant medical decision-making authority.

Key considerations for unmarried couples include:

• Legal standing. Unmarried partners are considered legal strangers in many contexts, so creating legal documentation, such as a healthcare proxy, is critical.
• Digital assets. Create a plan for digital accounting, including passwords and instructions for social media, so they are managed per your wishes.
• Regular reviews. Update documents after major life events so they remain current.
• Professional guidance. Consult an estate planning attorney to go over tax implications and other legal challenges for non-traditional families.

It may be increasingly common for unmarried couples to live together, but some legal challenges still need to be addressed. If you and your partner are living together without estate planning documents in place, today is the day to change that. Talk to our experienced estate planning attorney to learn more.

Hire an Estate Planning Lawyer

When you need a Massachusetts estate planning attorney to handle your estate planning case, look no further than Albanese Law, LLC. With extensive skills and experience, we can make sure your estate planning documents are legally sound.

FAQs

What Happens If My Partner Dies and We Are Not Married?

If an unmarried partner dies without a will, the surviving partner has no legal right to the deceased’s estate or property. Assets typically pass to legal next-of-kin (blood relatives) under state intestacy laws. Without a will or estate plan, you may be left with no assets and limited legal standing to make decisions.

What Are the Rights of Unmarried Couples Living Together in Massachusetts?

In Massachusetts, unmarried couples have minimal automatic rights. Cohabitation does not grant marital protections, but you can establish rights through formal agreements, such as cohabitation contracts, wills, powers of attorney, and healthcare directives. These can cover finances, property, visitation, and inheritance. Domestic partnerships offer limited benefits, such as hospital access, but legal documentation is vital.

What Is the Ideal Trust for an Unmarried Couple?

For unmarried couples, the ideal, most secure approach is generally for each partner to establish their own individual revocable living trust. This structure:

• Keeps assets separate.
• Prevents legal complications that often arise with joint trusts.
• Avoids probate.
• Makes the court distribute each partner’s assets according to their own wishes upon death.

Who Gets the House When an Unmarried Couple Splits Up?

When an unmarried couple splits up, the person named on the house’s deed typically keeps it. Otherwise, it is sold, and proceeds are divided according to ownership percentage. If both names are on the title, they may sell, one may buy out the other, or they may remain co-owners. Without a cohabitation agreement, disputes may require court intervention to determine fair distribution based on contributions.

Schedule Your Consultation Today

Even if you do not think about it often, estate planning for unmarried couples in Massachusetts is important to consider when planning your future. Estate planning laws can be complicated to understand, but Albanese Law, LLC, can navigate these laws. We can build an estate plan that works for both you and your partner. Contact us to schedule your consultation today.