What the Law Does Not Give Unmarried Partners

Marriage creates a set of automatic legal rights and protections. Unmarried partners — regardless of how long they have lived together or how committed their relationship is — receive none of these automatically. Specifically: - If you die without a will or trust, Washington's intestate succession laws will distribute your assets to your blood relatives — not your partner - If you are incapacitated, your partner has no legal authority to manage your finances or make medical decisions — your blood relatives do - If you own a home together and one partner dies, the surviving partner may not automatically inherit the deceased partner's share - Your partner has no right to be notified of or participate in your medical care An estate plan is the only way to give your partner the legal standing they deserve.

Revocable Living Trust

A Revocable Living Trust is the most comprehensive tool for protecting an unmarried partner. You can name your partner as the primary beneficiary of the trust — receiving all or a portion of your assets at your death. You can also name your partner as successor Trustee, giving them the authority to manage the trust assets if you become incapacitated. Unlike a will, a trust does not go through probate — so your partner receives the assets quickly and privately, without court involvement. And unlike a beneficiary designation, a trust can include conditions and instructions for how the assets are to be used.

Powers of Attorney and Healthcare Directives

A Durable Power of Attorney for Finances names your partner as your agent, authorizing them to manage your bank accounts, pay your bills, file your taxes, and handle your financial affairs if you are unable to do so. A Healthcare Power of Attorney names your partner as your healthcare agent, authorizing them to make medical decisions on your behalf — including decisions about surgery, medication, and end-of-life care. Without this document, hospitals and doctors are legally required to defer to your blood relatives, not your partner. A Living Will documents your wishes regarding life-sustaining treatment, artificial nutrition, and other end-of-life interventions. Together, these documents ensure that your partner can speak for you when you cannot speak for yourself.

Buying a Home Together

Unmarried couples who buy a home together face several important decisions: 1. How to Take Title — Joint Tenants with Right of Survivorship (the surviving partner automatically inherits the deceased partner's share) or Tenants in Common (each partner's share passes according to their estate plan) 2. Unequal Contributions — If one partner contributes more to the down payment, a Promissory Note and Deed of Trust can document that contribution 3. Transfer on Death Deed — A Transfer on Death Deed can be recorded to ensure that the home passes directly to the surviving partner without probate 4. What Happens if the Relationship Ends — A Cohabitation Agreement can document what happens to the home if the partners separate Christopher recommends that unmarried couples who buy a home together complete their estate planning at the same time.

Cohabitation Agreement

A Cohabitation Agreement is a written contract between unmarried partners that documents their financial arrangement. It can address: - How expenses are shared during the relationship - What happens to jointly owned property if the relationship ends - What happens to separately owned property - Whether either partner will support the other financially if the relationship ends - What happens to the home if one partner dies or the relationship ends A Cohabitation Agreement is not a substitute for an estate plan — but it is a useful complement, especially for couples who own property together or have significant separate assets.

Protecting Your Partner from Your Family

One of the most important — and often overlooked — aspects of estate planning for unmarried couples is protecting your partner from your family. If you die without an estate plan, your blood relatives may inherit everything and your partner may be left with nothing. Even with an estate plan, family members may challenge a will or trust, claiming that your partner unduly influenced you. A Revocable Living Trust is harder to challenge than a will, and Christopher can include provisions that make a challenge more difficult and less rewarding. Christopher also recommends that unmarried partners keep their estate planning documents in a secure but accessible location — and that each partner know where the other's documents are kept.