When it comes to estate planning, people often associate it with families or individuals with children. However, single people without children need an estate plan just as much—if not more—than those with traditional family setups. Without proper planning, their assets may end up in the hands of unintended parties, or worse, become unclaimed property. Whether you’re single by choice or circumstance, establishing an estate plan with a Woodbury estate planning lawyer can offer peace of mind and ensure that your wishes are honored.
Why Is Estate Planning Crucial for Singles?
As Philip Ruce, estate planning director at Stone Arch Law Office in Woodbury and Minneapolis, explains in his video, “Do I Need a Will if I Am Not Married?,” the default rules don’t contemplate unmarried partners or unique situations. While married individuals have automatic estate protections through their spouse, singles have no such safeguards. Relying on Minnesota intestacy laws—those that govern estates without wills—can lead to unintended outcomes.
For example, if a single person dies without a will, their assets typically pass to their closest relatives, such as parents or siblings. If you’re in a long-term relationship but not married, your partner won’t receive anything automatically unless you specifically name them in your estate plan. Without a will, they are legally invisible to the estate, no matter how long you’ve been together. This is why it’s critical to have a plan in place.
What Happens to Your Estate if You Have a Partner, But You’re Not Married?
Ruce recounts a story of a long-term, unmarried couple. The woman asked if estate planning was really necessary since they weren’t married. His response? “It’s probably more important.”
If you’re in a relationship but unmarried, your partner won’t be recognized as your legal heir unless you make arrangements through a will, trust, or beneficiary designation. None of that’s going happen for an unmarried partner. They’re not going be in your estate at all. This can be devastating if your goal is to provide for your partner or even a close friend after your passing.
The default Minnesota intestacy rules simply don’t account for modern relationships, which makes it crucial to put your wishes into a formal estate plan.
Power of Attorney and Health Care Directives
Another critical aspect of estate planning for single individuals is naming someone to manage your financial and healthcare decisions if you become incapacitated. Without a spouse or children to automatically step into this role, you’ll need to designate someone you trust. As Ruce points out, “you need someone who can make healthcare decisions for you if you’re unable.”
Without a health care directive or power of attorney, courts may appoint someone to make these decisions on your behalf, which may not align with your preferences. It’s particularly vital for singles to make these designations to avoid the possibility of unwanted individuals stepping in during critical moments. Read more in our articles, What Is a Power of Attorney and Which Is the Right One for Minnesotans?
How Do Trusts Avoid Probate?
Another important tool for singles is setting up a trust. Trusts are especially useful for managing assets during incapacity and ensuring a smooth transfer of assets upon death. Trusts can also help avoid probate, which is a public and often lengthy legal process. A revocable trust controls who will inherit what you own and can bypass Minnesota state’s default rules.
This can also be a relief for unmarried partners, as a trust can provide immediate access to funds without waiting for a probate court to act. A Woodbury estate planning lawyer at Stone Arch Law Office can help you explore these options and decide which is right for you.
Estate Planning Protects Your Decision Making and Passes on Your Values
Estate planning isn’t only about what happens when you pass away—it’s also about ensuring your affairs are managed during your lifetime. It’s essential to have a plan in place not only for what happens to your assets but also for who will manage your healthcare and finances if you become incapacitated. By setting up a comprehensive plan, you can appoint trusted individuals to act on your behalf in these matters, ensuring your wishes are carried out.
For single, childless people, adding charitable giving to their estate plan enables them to pass on their values of supporting a favorite organization or cause, explains the AOL article, “I’m an Estate Planner: 8 Ways Single and Childfree People Can Manage Their Assets.” Single people should consider the people and organizations that have meaning and value. An experienced Woodbury estate planning attorney will help you clarify who or which organization might be a suitable heir. It may be a close friend, charitable organization, niece, or nephew.
Make Estate Planning a Priority as a Single Person
For singles, whether in long-term relationships or not, having a solid estate plan is not just a good idea—it’s essential. Estate planning becomes even more important when default rules don’t align with your wishes. To get started on your estate plan, book a call with Stone Arch Law Office and speak with a Woodbury estate planning lawyer who can help you create a customized plan tailored to your unique situation.
