As societal norms evolve, unmarried couples have become increasingly common in the United States. Many of these couples live together and raise children—often from prior relationships—under one roof, forming blended families without the legal framework of marriage. Yet while family structures have modernized, the law has not kept pace.. Property and inheritance protection that automatically apply to married couples generally do not extend to unmarried partners or their children. As a result, unmarried couples who live as a family, especially those navigating the complexities of a blended family, must take proactive steps to create an estate plan that reflects and safeguards their wishes. 

How are we — an unmarried couple — at a disadvantage? 

Without the legal status of marriage, unmarried couples do not benefit from the many default protections built into state and federal law. Here are a few key areas where the law may work against you if you don’t plan ahead: 

• No Inheritance Without a Will: If one partner dies without a will, the surviving partner typically has no right to inherit any part of their estate regardless of how long they lived together or how intertwined their lives were.
• No Automatic Decision-Making Authority: Unmarried partners do not automatically have the legal authority to make healthcare or financial decisions for each other in the event of incapacity.
• Children May Be Left Out or Unprotected: Children from previous relationships may not inherit from a non-biological step-parent unless specifically included in the estate plan. Likewise, a surviving partner may have no legal rights regarding the care or guardianship of their partner’s children.
• Real Estate Ownership Can Get Complicated: If only one partner holds title to the home, the other partner may have no legal right to remain in the home after death or incapacity unless specific arrangements are made.
• Taxes and Benefits: Unmarried couples do not receive the same tax benefits, such as the unlimited marital deduction for estate and gift taxes, or spousal benefits under Social Security and pensions.

What Are Some Things We Should Be Thinking About? 

To protect yourselves and your family, consider working with an estate planning attorney to create documents that provide the legal security marriage otherwise would. Here are some of the key tools to think about:

• Wills and Trusts: These documents can name each other as beneficiaries, provide for children from prior relationships, and clarify who inherits what. A trust may also help avoid probate and provide for minor children.
• Healthcare and Financial Power of Attorney: These documents allow you to name each other as the person authorized to make medical decisions or handle your finances on your behalf if you become incapacitated.  
• Guardianship Designations: If you have minor children, it's important to name guardians in case something happens to you. If your partner is not the legal parent, they may not have any rights without a legal designation.
• Joint Ownership and Beneficiary Designations: Be intentional about titling real estate and accounts. Many people assume their partner will “just get everything,” but without proper titling or named beneficiaries, that rarely happens.

Final Thoughts

The absence of legal protections for unmarried blended families does not mean you’re powerless, rather, it means you have to be proactive. A carefully crafted estate plan gives peace of mind and legal security that married couples take for granted. If you’re in a long-term, unmarried relationship, especially with children in the picture, consider speaking with us at Moertl, Wilkins, & Campbell, S.C. to put the right protections in place for the people you love.