Estate Planning for Unmarried Couples | Northern Kentucky Attorney

You’ve built a life with someone you love — shared a home, memories, maybe even a dog or a joint bank account. But if you’re not legally married, the law doesn’t automatically recognize your relationship. And that means if something happens to you, your partner could be left with no legal right to your property, your finances, or even decisions about your medical care.

That’s not because the law is cruel — it’s because it’s outdated. And the only way around it is to make your wishes clear in writing.

Why Unmarried Couples Face Greater Legal Risks

For married couples, the law provides a built-in safety net. But unmarried partners don’t have that same protection unless you create it yourself.

Without a plan:

• Your partner can’t access your bank accounts or pay bills if you’re incapacitated.

• Hospitals must turn to your “next of kin,” not your partner, for medical decisions.

• Your property could pass to your biological family, not your partner — even if you’ve lived together for decades.

Here in Northern Kentucky, we’ve seen couples lose homes and shared assets because one partner passed away without legal documents in place. Even “common law marriage” — something many people assume protects them — isn’t recognized in Kentucky or Ohio.

These outcomes aren’t inevitable. With a solid estate plan, you can give your partner the legal authority and protection the law won’t automatically provide.

The Essential Legal Tools Every Unmarried Couple Should Have

The good news: with a thoughtful plan, you can make sure your relationship is recognized where it matters most — in healthcare, finances, and property. Here’s how we do that in our Life & Legacy Planning™ process:

1. Health Care Power of Attorney + Living Will

Give your partner the right to make medical decisions if you’re unable to. Without it, hospitals must rely on family by blood or marriage. Pair it with a Living Will or Advance Directive so your partner can confidently advocate for your wishes — and a HIPAA Authorization so they can access medical information doctors might otherwise withhold.

2. Financial Power of Attorney

This document lets your partner manage finances if you’re incapacitated. Without it, they may have to go to court to handle even basic things like paying your mortgage or keeping utilities running.

3. A Will or, Better Yet, a Trust

If you die without a will, state law decides who inherits — and your partner isn’t on that list.

A Trust goes a step further by avoiding probate — the slow, costly court process that can drag on for months and make personal details public. A properly drafted Trust keeps things private and ensures your partner (and anyone else you love) receives exactly what you intend, without court interference.

4. Property Titles & Beneficiary Designations

If your assets aren’t titled correctly or your beneficiary designations are outdated, your partner could be unintentionally cut out. A plan only works if all your accounts, deeds, and policies line up with your wishes.

5. A Cohabitation Agreement

Think of it as a “relationship contract” that spells out how you’ll handle shared property, expenses, or what happens if the relationship ends. It’s not romantic, but it’s incredibly protective — and it can save heartache later.

Planning Beyond Paperwork

Estate planning isn’t just about documents — it’s about people. When we plan together, we don’t stop at the legal forms. I help you:

• Create an up-to-date inventory of your assets so nothing slips through the cracks.

• Record a Life & Legacy Interview — a video or audio message that passes on your values, stories, and love.

• Open communication with your families, so your partner doesn’t face conflict or confusion later.

Because the truth is, planning isn’t just about protecting money — it’s about protecting the person you’ve chosen as family.

Take the Next Step

If you and your partner aren’t married, estate planning isn’t optional — it’s essential. Without it, the person you love most could lose everything you’ve built together. With the right plan, you can make sure your wishes are honored, your partner is cared for, and your love story is protected.

When you work with us at Freedom Law Services, we’ll help you:

• Clarify what would happen if one of you became incapacitated or passed away.

• Create a clear plan that gives each of you legal authority and protection.

• Build and maintain an organized asset inventory.

• Schedule regular reviews as your life and relationship evolve.

Most importantly, we’ll make sure your partner knows exactly what to do — and whom to call — when life happens.

Book a free 15-minute Discovery Call with Freedom Law Services today in our Crestview Hills, KY office. Together, we’ll create a Life & Legacy Plan that protects your time, your money, and — most importantly — your family.

📞 Call us at (859) 344-6742 or visit www.FreedomLawServices.com/call-today to book your discovery call.

This article is a service of Freedom Law Services. We don’t just draft documents; we help you make informed, empowered decisions about life and death for yourself and the people you love. During a Family Wealth Planning Session™, you’ll get more financially organized than ever before and make the best choices for those you care about. Call our office today to schedule a session — and mention this article to learn how to receive it at no charge.

This material is for educational purposes only and not intended as ERISA, tax, legal, or investment advice. For personalized advice, please consult a qualified attorney.