Why Estate Planning for Unmarried Couples Matters
When most people think about estate planning, they picture married couples, growing families, or retirees with significant assets. But if you’re in a long-term relationship and not legally married, estate planning isn’t just important—it’s essential.
Here in New York, the law does not recognize unmarried partners in the same way it protects spouses. That means if something unexpected happens, your partner could be shut out of decisions, property, and even your shared home, no matter how long you’ve been together.
🛑 What Happens Without a Plan?
Even if you’ve lived together for years, shared finances, or raised children as a couple, your partner may have limited to no legal rights if you become incapacitated or pass away.
Without proper documents in place:
- Your partner may be barred from making medical decisions on your behalf.
- They could lose access to joint accounts held in your name.
- The home you shared could go to your next of kin, not your partner.
- Your assets could be distributed according to New York’s intestacy laws, which do not account for long-term partners.
🧾 4 Key Estate Planning Tools for Unmarried Couples
The good news? A thoughtful, legally-sound estate plan can provide real security and peace of mind for both of you. Here are four documents every unmarried couple in New York should consider:
1. Revocable Living Trust
A living trust allows your partner to inherit assets without going through probate. You can also appoint them as successor trustee, which gives them authority to manage your affairs if you’re incapacitated.
2. Durable Power of Attorney
This allows your partner to make financial and legal decisions on your behalf if you’re unable to. Without it, even paying your bills could require court intervention.
3. Health Care Proxy
New York law does not automatically allow an unmarried partner to make medical decisions. A health care proxy ensures your partner is the one doctors and hospitals listen to in an emergency.
4. HIPAA Authorization
Without a signed authorization, your partner may be denied access to medical information. This document ensures they’re not kept in the dark during a crisis.
❤️ Protect What You’ve Built Together
You’ve shared a life, a home, and maybe even a future vision. Don’t let outdated laws or missing paperwork put your partner at risk.
At Schroon Law, we work with clients throughout New York to build personalized estate plans that reflect their values and relationships—not just their marital status.
📅 Ready to start planning?
Schedule a Peace of Mind Planning Session with us. We’ll walk you through your options, explain our flat-fee process, and help you take the next step—on your terms.
