For couples who’ve chosen love without marriage, building a life together is just as meaningful—but when it comes to the law, it’s not always seen that way. In Minnesota, unmarried partners don’t automatically receive the same rights and protections as spouses when it comes to inheritance, financial decision-making, or medical authority.
That’s why estate planning for unmarried couples isn’t just a good idea—it’s essential.
Whether you’ve been together for decades or just moved in together, creating a legally sound estate plan ensures that your partner is protected and empowered if something unexpected happens.
Here’s how to build a strong, secure plan tailored to your relationship.
Why Estate Planning Is More Important for Unmarried Couples
In Minnesota, when someone passes away without a will or estate plan, intestacy laws determine who inherits their property. For married couples, that may include a surviving spouse and children. But for unmarried couples, these default rules don’t offer the same protection.
Your long-term partner won’t automatically receive your assets, have access to financial accounts, or be able to make medical decisions on your behalf. That’s why estate planning becomes even more important for couples who aren’t legally married.
With the right documents in place, you can ensure:
- Your partner inherits your assets
- They can make medical or financial decisions if you’re incapacitated
- Probate can be avoided, and your wishes carried out quickly and privately
Let’s look at the tools that make it all possible.
1. Last Will and Testament: Define Your Wishes Clearly
Your will is the foundation of your estate plan. Without one, Minnesota law won’t recognize your partner as a beneficiary.
What your will should include:
- Clearly name your partner as the recipient of any property or personal assets you want them to receive
- Appoint a trusted executor to carry out your wishes
- Include guardianship instructions for children or pets, if applicable
If you don’t create a will, your assets could go to distant relatives, bypassing your partner entirely—even if you’ve spent a lifetime together.
2. Living Trust: Bypass Probate and Keep It Private
A revocable living trust is a powerful estate planning tool that allows assets to pass directly to your partner without going through probate.
Benefits for unmarried couples:
- Your partner receives assets more quickly
- Probate is avoided, saving time, money, and stress
- The process remains private—unlike probate, which is public
You can even make your partner the trustee, giving them access to manage or use the trust assets if you become incapacitated. Read more in our article, The Advantages and Disadvantages of a Revocable Living Trust
3. Power of Attorney and Healthcare Proxy: Grant Legal Authority
Being someone’s partner doesn’t automatically give you the legal right to step in during an emergency. If you were to become ill or incapacitated, your partner might not have the authority to manage your finances or direct your healthcare.
Key documents to include:
- Durable Power of Attorney: Lets your partner handle financial matters, pay bills, and manage accounts on your behalf.
- Healthcare Proxy / Medical Power of Attorney: Allows them to make medical decisions for you if you’re unable to.
- Advance Directive: Details your wishes for end-of-life care, relieving your partner from the burden of making tough decisions without guidance.
Without these documents, decision-making authority could fall to next of kin—even if your partner knows you best.
4. Beneficiary Designations: Don’t Overlook These Simple but Powerful Tools
Many financial accounts—including retirement plans, life insurance policies, and some bank accounts—allow you to name a beneficiary. This designation bypasses your will and sends the funds directly to the person listed.
To-do list:
- Add your partner as the primary or contingent beneficiary
- Review and update designations regularly, especially after major life events
- Make sure your beneficiary choices align with your overall estate plan
Skipping this step could mean your partner receives nothing from accounts you assumed would go to them.
5. Property Ownership: Choose the Right Structure
For couples who own property together in Minneapolis, the way your home is titled matters. There are two primary ways to co-own real estate:
- Joint Tenancy with Right of Survivorship (JTWROS): Automatically transfers ownership to the surviving partner when one passes away.
- Tenancy in Common: Each partner owns a share, which can be passed through a will or trust.
Important note: Discuss your goals with a Minneapolis estate planning attorney before changing ownership. The wrong choice could create tax complications or ownership disputes. Read more in our article, Deeds and Estate Planning: Why You Should Leave It to the Professionals
Take the Next Step: Build a Plan That Protects What Matters Most
Being unmarried doesn’t mean you have fewer responsibilities—it means you need a clearer, more intentional plan to protect the person you love. The right estate plan will:
- Reflect your wishes
- Empower your partner
- Minimize stress and legal hurdles for both of you
At Stone Arch Law Office, we help unmarried couples in Minneapolis and Woodbury create custom estate plans that provide security, peace of mind, and clarity. Whether you need a will, trust, powers of attorney, or a full estate review, we’re here to guide you through it with compassion and care. By working with us, you can create a comprehensive plan to secure your partner’s future and ensure that your wishes are respected. Book a call with our team today and let’s protect your future—together.
Key Takeaways
- Unmarried partners aren’t protected by default laws in Minnesota—estate planning is essential.
- Wills and trusts ensure your partner inherits your assets and avoids probate.
- Powers of attorney and healthcare directives give your partner authority during emergencies.
- Beneficiary designations and property titles must be updated to reflect your intentions.
Reference: J.P. Morgan (Sept. 12, 2024) “Retirement and Estate Planning for Unmarried Couples”
