Gift Giving – Put Your Partner in Your Will

Estate planning is often seen as something that can be postponed—a task reserved for later in life or for moments of crisis. Yet one of the most essential elements of a well-prepared estate plan is ensuring that your partner is clearly protected. Whether you are married, engaged, in a long-term committed relationship, or sharing a blended family, intentionally including your partner in your Will and estate planning documents is one of the strongest steps you can take to safeguard their well-being. Without this planning, the person you trust most may be left without legal authority or financial support when they need it most.

In today’s world, families come in many forms. Some couples marry; others build lives together without formalizing their relationship legally. Some enter second marriages later in life, combining families and assets. Others choose long-term partnerships without marriage for personal, financial, or practical reasons. Regardless of how your relationship is defined, the law does not automatically recognize your partner unless the correct legal documents are in place. That reality makes thoughtful estate planning valuable and essential.

Why Planning for Your Partner Is So Critical

If you don’t have an estate plan—or if your existing plan doesn’t explicitly include your partner—several significant problems can arise.

1. Your partner may have no legal right to inherit from you.

In many states, an unmarried partner is not entitled to any portion of your estate unless specifically named in your Will or Trust. Without explicit instructions, your assets could pass to relatives instead, even if your partner was the person you intended to protect.

2. Your partner may lose access to your home or shared property.

If your name alone appears on the deed, mortgage, or title, your partner may face legal hurdles—or even be forced to relocate—after your passing. Proper planning can ensure your partner has the right to remain in the home or receive ownership, depending on your wishes.

3. Your partner may be excluded from medical decisions.

Without a properly executed healthcare power of attorney, your partner could be denied the ability to make medical decisions, access medical records, or speak with your healthcare providers in an emergency. This is especially true for unmarried couples.

4. Your partner may have no authority during incapacity.

If you become incapacitated and your legal documents do not name your partner as your agent under the financial power of attorney, they may not be able to manage your finances, pay your bills, or handle urgent matters on your behalf.

5. Family disputes can arise easily.

Even in the most loving families, confusion or disagreement about intentions can create tensions. Clear legal direction minimizes conflict and ensures your wishes cannot be questioned or overridden.

How Estate Planning Protects Your Partner

Including your partner in your estate plan is not just about distributing assets—it is about giving the person you love access, clarity, and security.

A Will Ensures Your Wishes Are Followed

A properly drafted Will names your beneficiaries and ensures your partner receives whatever portion of your estate you intend. It also allows you to designate a personal representative to carry out your wishes—another opportunity to legally empower your partner.

A Trust Offers Privacy and Continuous Protection

Revocable Living Trusts are often the most effective way to protect a partner. They avoid probate, maintain privacy, and allow you to structure long-term support, such as giving your partner the right to stay in your shared home or providing ongoing financial security.

Healthcare and Financial Powers of Attorney Provide Authority During Incapacity

These documents ensure your partner can make medical decisions, communicate with health professionals, manage your finances, and handle critical responsibilities if you are unable to. Without these, decision-making authority may default to relatives, regardless of how long you’ve been with your partner.

Beneficiary Designations Keep Assets Flowing Smoothly

Retirement accounts, life insurance policies, and some financial accounts pass directly to named beneficiaries. Ensuring your partner is properly listed keeps these assets out of probate and gives them quick access when they may need it most.

Blended Families and Second Marriages: Even More Reason to Plan

If you or your partner has children from a previous relationship, it becomes even more important to create a structured estate plan. Without clear direction, the law may unintentionally favor one set of family members over another—or fail to protect your partner entirely.

Estate planning allows you to:

• Provide for your partner while also protecting inheritances for your children.
• Outline exactly how assets should be divided.
• Avoid disputes, confusion, or imbalance between households.

Planning brings clarity, fairness, and peace of mind to everyone involved.

Your Partner Deserves Legal Protection—Not Assumptions

One of the biggest misconceptions we see is the belief that “everything will just go to my partner.” Unfortunately, this is rarely true unless specific documents are in place. Laws differ by state, but in many cases:

• Parents, siblings, or adult children may inherit instead of your partner.
• Medical decision-making may default to relatives rather than the person you live with.
• Property titled in your name alone may be inaccessible to your partner without court intervention.

Estate planning removes uncertainty and respects the life you built together.

How Tritch Buonocore Law Supports You

At Tritch Buonocore Law, we understand that protecting your partner is one of the most meaningful aspects of estate planning. We take the time to walk you through your options, explain how each document works, and help you create a plan that reflects your values and strengthens the future you are building together. We offer a 30-minute meet-and-greet consultation for new clients. We are here to help—call (480) 525-6244, email us, or visit our website for more information.