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What estate planning steps should unmarried couples take?

On Behalf of | Oct 20, 2025 | estate planning |

Many unmarried couples share homes, finances and even raise families together, but Maryland law does not automatically protect these relationships in the same way it does for married couples. Without the right legal documents, one partner could be left without financial or property rights if the other passes away. Estate planning gives unmarried couples control over these decisions.

Create a will to define inheritance wishes

When someone dies without a will, the state’s intestacy laws determine who inherits their property. These laws favor spouses and blood relatives, not unmarried partners. Writing a will ensures that your partner receives the assets you choose to leave them. You can also name your partner as executor to manage your estate.

Establish powers of attorney for healthcare and finances

If you become incapacitated, your partner may not automatically have the right to make medical or financial decisions for you. Creating a durable power of attorney and an advance directive allows you to name your partner as the person authorized to handle your affairs. These documents help avoid delays and legal challenges during stressful times.

Consider joint ownership and beneficiary designations

Jointly owning property or accounts can simplify the transfer of assets when one partner dies. Adding your partner as a joint tenant with right of survivorship ensures ownership passes directly to them. You can also name your partner as a beneficiary on life insurance policies, retirement accounts and bank accounts to allow for faster access to funds.

Plan for property and end-of-life decisions

Beyond financial matters, it is important to plan for where you live and how you wish to be remembered. You can create a living will to specify your medical treatment preferences and discuss funeral or memorial arrangements. Documenting these choices helps avoid confusion and gives your partner clear direction.

By taking these estate planning steps, unmarried Maryland couples can protect their shared life and make sure their wishes are honored if one partner becomes ill or dies.

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