Estate Planning for Unmarried Couples: Protecting the Life You’ve Built Together
You’ve built a life with someone you love—shared a home, memories, maybe even children or a business. But without marriage, the law doesn’t automatically recognize the family you’ve created the way you might think. If something happens to you tomorrow—incapacity or death—your partner could lose access to your bank accounts, the home you share, or even the right to make medical decisions on your behalf. It’s not because anyone intends to cause harm. It’s because the legal safety net of marriage isn’t there.
At Pillar Oak Law, we believe commitment and love deserve protection—no matter what the paperwork says.
Why the Law Doesn’t Automatically Protect Your Partner
When someone is married, state law steps in with default protections: the spouse can handle finances if one partner is incapacitated; inherit property when the other dies; and make important medical decisions. But for unmarried couples:
• Your partner often cannot access your bank or brokerage accounts if you become incapacitated.
• Hospitals typically turn to next of kin, not the person you live with and trust.
• If you die without a Will or Trust, your partner may receive nothing, even if you shared a home and life together.
I’ve seen couples of 20 years lose everything simply because nothing was in writing. It’s heartbreaking, and it’s avoidable.
Maryland’s Registered Domestic Partnership Law: What You Need to Know
As of October 1, 2023, Maryland couples have another tool to protect their relationship: registration of a domestic partnership.
What the Law Provides
Two individuals may register a domestic partnership by filing a “Declaration of Domestic Partnership” with the Register of Wills in their county of domicile. Eligibility criteria include: both individuals are 18 or older, domiciled in Maryland, not married or in another partnership, and in a committed relationship.
What the Bill Means in the Estate‑Planning Context
Once registered, the surviving partner receives rights similar to a spouse in intestacy, including: an intestate share, eligibility for the family allowance, priority for appointment as personal representative, and exemption from Maryland inheritance tax.
What the Law Doesn’t Do
Registration doesn’t grant all rights of marriage—partners don’t have an elective share, and the term 'committed relationship' is undefined. Registration alone doesn’t replace the need for a full estate plan.
What This Means for You
If you and your partner live together and want legal protections, consider registering your domestic partnership with the Register of Wills. But even after registration, complete an estate plan that includes a Living Trust or Will, health‑care and financial powers of attorney, and review of deeds and designations to align with your wishes.
The Legal Tools That Protect You Both
Estate planning for unmarried couples isn’t about paperwork—it’s about giving the person you love the power to act when it matters most. Here’s how we help our clients make that happen through our Life & Legacy Planning® Process:
1. Health‑Care Power of Attorney & Advance Directive – Gives your partner medical authority and access.
2. Financial Power of Attorney – Lets your partner manage finances if you’re unable to.
3. Will or Living Trust – Ensures your partner inherits as intended and avoids probate.
4. Property Titles & Beneficiary Designations – Keeps everything aligned with your wishes.
5. Cohabitation Agreement – Outlines shared property and finances to prevent disputes.
Planning Beyond the Legal Documents
At Pillar Oak, we don’t stop with forms and signatures. True planning covers the emotional and practical sides of life, too. That’s why we help you create a complete asset inventory, record a Life & Legacy Interview, and open honest conversations with loved ones.
Take the Next Step
If you and your partner are not married, planning is essential—especially in Maryland where the new domestic partnership law offers important protections but still requires action. Without the right plan, the person you love most could lose everything you’ve worked for together. With it, your wishes are clear, your partner is protected, and your shared story is honored.
When you work with Pillar Oak Law, we’ll help you clarify your current situation, create the right legal tools, organize your assets, and keep your plan up‑to‑date as your life evolves.
👉 Schedule your free 15‑minute Right Fit! call to learn how we can help you protect your partner, your home, and the life you’ve built together. Book Now!
Pillar Oak Law – Estate Planning That Works. Because love deserves a plan.
