Unwed Estate Planning in Michigan?

Unwed couples is a growing percentage for a variety of reasons, whether financial, political, religious, etc. There are plenty of reasons why a couple would not want to enter into a federally recognized marriage.  Two common financial reasons include collecting on deceased spouses’ Social Security earnings or planning for Medicaid.

Whatever reason couples may have for avoiding vows, the situation can raise tricky consequences when it comes to their estate planning, whether the couple is a same-sex couple or opposite sex couple, if the couple does no planning.

The main Michigan estate planning issue for an unwed couple is the lack of ability to be able to make any financial or medical decisions for their partner.  If one partner is suffers an accident their is not presumption for the other partner to be able to act on behalf of the incapacitated partner.  Therefore, Michigan financial powers of attorney and Michigan medical powers of attorney (patient advocate designations) are vital.

The big issue that everyone thinks about is what happens if my partner passes away?  Well without a marriage and without joint ownership, the assets will pass through the Michigan probate courts and follow the Michigan laws of intestacy, leaving all of the partners assets with their family instead of the surviving partner.  Properly drafted estate plans including a Michigan Last Will and Testament and a Michigan Living Trust should be considered and should be drafted by a Michigan estate planning attorney.

Planning for an unwed couple can be tricky and should be handled by an experience and knowledgeable Michigan estate planning attorney.

-Christopher J. Berry, Esq., A Novi Wills and Living Trust Attorney, is a Partner with The Law Offices of Witzke Berry PLLC, which practices in the areas of Novi Estate Planning, Novi Medicaid Planning, and Novi Probate Litigation, serving Metro-Detroit and Oakland County, Macomb County, and Wayne County.  We can be reached at 248-971-1700.