Unmarried partners in Michigan, whether cohabitating, in long-term relationships, or otherwise committed, face unique estate planning challenges. Unlike married couples, they do not receive automatic legal protections. Proactive planning ensures your partner is recognized, protected, and empowered if something happens to you.
Why Estate Planning Is Critical for Unmarried Partners
Without marriage, your partner has no automatic inheritance rights, health care decision-making authority, or legal standing. A foundational Michigan estate plan is essential and typically includes:
- A last will and testament;
- A durable power of attorney;
- A Designation of Patient Advocate with a living will; and
- Often, a revocable living trust is used to avoid probate, preserve privacy, and provide structured, long-term support
Without these documents, Michigan’s intestacy laws generally prioritize blood relatives and exclude unmarried partners entirely.
Plan for Incapacity and Medical Decision Making
A durable power of attorney authorizes your partner to act on your behalf with respect to financial and legal decisions. A Designation of Patient Advocate authorizes your partner to make medical decisions on your behalf if you become incapacitated, and should include HIPAA releases to ensure access to medical information.
Without these documents, Michigan hospitals and financial institutions typically defer to next of kin, leaving your partner without authority or information when it matters most.
Coordinate Property Ownership and Avoid Probate
For jointly owned real estate and other assets, clear titling is critical:
- Join tenancy with rights of survivorship allows automatic inheritance by your partner.
- Lady Bird deed (enhanced life estate deed) transfers property outside probate while preserving lifetime control.
- Revocable living trusts can hold property to avoid probate, preserve privacy, and provide structured management.
Titling alone is not enough. Your will or trust should reinforce your intentions and plan for contingencies, such as simultaneous or near-simultaneous deaths.
Protect Children and Parental Rights
Couples raising children should confirm legal parentage and guardianship:
- Unmarried biological parents should file an Acknowledgment of Parentage and consider custody orders under the Child Custody Act.
- Non-biological parents may need adoption or a parentage order.
- Nominate guardians and include provisions in your will or trust to protect your children’s inheritance and stability.
Keep Your Estate Plan Current
Life changes quickly. Revisit and update your plan after milestones such as:
- Purchasing property or combining finances
- Having or adopting children
- Changes in beneficiary designations for retirement accounts, life insurance, or transfer-on-death accounts
For Michigan real estate, periodically evaluate whether joint ownership, a Lady Bird deed, or a revocable trust aligns with your non-probate transfer goals.
The Bottom Line
Thoughtful estate planning is not just a legal formality; it ensures the person you trust most is supported, informed, and empowered in times of need.
Before making changes to property ownership or relying on outdated documents, consult with Varnum’s estate planning attorneys to ensure your plan protects your assets, supports your family, and aligns with your long-term goals.
