Estate Planning For Unmarried Couples In Massachusetts
Unmarried couples in Massachusetts often believe that because they live together or have shared assets, they automatically have rights similar to married couples. Unfortunately, under Massachusetts law, this is not the case. The Commonwealth does not recognize “common-law marriage,” meaning couples who are not legally married do not enjoy automatic inheritance rights, decision-making authority, or statutory protections. This reality creates serious risks if one partner becomes incapacitated or passes away without a plan.
At The Sullivan Firm P.C., serving Gloucester, Rockport, Manchester By The Sea, Beverly, and the entire North Shore, we regularly help unmarried couples design estate plans that protect their relationship and secure their future. By planning ahead, you can ensure your partner is legally empowered to handle financial matters, make medical decisions, and inherit assets according to your wishes.
Why Unmarried Couples Face Unique Legal Challenges
Massachusetts General Laws Chapter 190B, known as the Massachusetts Uniform Probate Code, governs inheritance and estate administration. If someone dies without a will, the estate passes to surviving spouses, children, or other blood relatives according to intestacy rules. Unmarried partners are not included. This means that even if you have lived together for decades, your partner may be left with nothing if you do not have a valid will or trust.
Similarly, without a durable power of attorney (M.G.L. c.190B §5-501) or a health care proxy (M.G.L. c.201D), your partner will not have the legal authority to manage your financial affairs or make medical decisions if you are incapacitated. Instead, the Probate and Family Court may appoint a guardian or conservator, which can be expensive and may not reflect your wishes.
Estate Planning Tools For Unmarried Couples
To protect one another, unmarried couples should consider the following estate planning tools under Massachusetts law:
- Wills (M.G.L. c.190B, Article II): A properly drafted will allows you to leave assets to your partner and name them as the personal representative of your estate. Without it, intestacy laws will apply.
- Revocable Trusts (M.G.L. c.203E): A trust can hold real estate, bank accounts, and investments, allowing for probate avoidance and greater control. It also provides privacy and protection if family members contest the estate.
- Durable Powers Of Attorney: This document gives your partner legal authority to handle financial and legal matters if you are unable to act.
- Health Care Proxy: This names your partner as your health care agent, ensuring they can communicate with doctors and make decisions about your care.
- Beneficiary Designations: Retirement accounts, life insurance, and certain bank accounts can be directed to your partner by properly naming them as a beneficiary.
By combining these tools, unmarried couples in Massachusetts can create a strong plan that mirrors the protections available to married couples.
The Importance Of Early Planning
Waiting to create an estate plan often leaves unmarried couples vulnerable. Because probate and health care laws default to next of kin, partners can be shut out of critical decisions and financial rights without enforceable documents. Early planning ensures that your wishes are respected and that your partner is not left fighting against statutory defaults or unsympathetic relatives.
Estate planning also provides opportunities to plan for taxes, protect jointly owned property, and establish financial security for children, if either partner has children from a prior relationship.
Frequently Asked Questions About Estate Planning For Unmarried Couples In Massachusetts
Does Massachusetts Recognize Common-Law Marriage?
No. Massachusetts does not recognize common-law marriage. Regardless of how long you have lived together, you and your partner are not legally considered married unless you formally marry under Massachusetts law. This means you have no automatic inheritance rights, decision-making authority, or financial protections unless you establish them through estate planning.
What Happens If My Partner Dies Without A Will In Massachusetts?
If your partner dies without a will, Massachusetts intestacy laws under M.G.L. c.190B distribute assets to biological relatives, not to unmarried partners. Parents, children, or siblings will inherit instead. To ensure that you inherit assets, your partner must create a valid will or trust naming you as a beneficiary.
Can My Partner Make Medical Decisions For Me If I Am Hospitalized?
Not automatically. Without a health care proxy under M.G.L. c.201D, hospitals will look to family members, not an unmarried partner, for decision-making authority. This can leave your partner unable to act during emergencies. A signed health care proxy ensures your partner has full authority to make medical decisions if you are incapacitated.
How Can We Protect The Home We Own Together?
If you and your partner own a home, how it passes at death depends on how the deed is titled. If you hold title as tenants in common, each partner’s share passes through probate unless directed by a will or trust. If titled as joint tenants with rights of survivorship, the surviving partner automatically inherits the property. Many unmarried couples also use trusts to strengthen protection and avoid probate.
Do Unmarried Couples Pay More In Taxes On Inheritances?
Yes. Massachusetts estate tax laws and federal rules treat unmarried couples differently than married couples. Spouses benefit from the unlimited marital deduction for estate tax purposes. Unmarried couples do not. Careful planning with trusts and gifting strategies can help reduce tax exposure.
Why Should We Create Powers Of Attorney If We Already Have Joint Accounts?
Joint accounts allow limited access to certain funds but do not provide legal authority over property, retirement accounts, or legal transactions. A durable power of attorney ensures your partner can act on your behalf for a wide range of financial and legal matters if you cannot. Without one, a conservatorship proceeding may be required.
Call The Sullivan Firm P.C. Today
At The Sullivan Firm P.C., we understand the unique estate planning needs of unmarried couples in Gloucester, Rockport, Manchester By The Sea, Beverly, and across Essex County. Protecting your relationship requires proactive planning under Massachusetts law. By creating wills, trusts, health care proxies, and powers of attorney, you can secure your future together.
Call The Sullivan Firm P.C. today at 978-325-2721 for a free consultation. Our Gloucester office proudly serves clients throughout the North Shore, and we are ready to help you build a plan that ensures your wishes are honored and your partner is protected.
