Estate Planning Critical for Non-Married Partners

Estate Planning Critical for Non-Married Partners- Couples who choose not to marry need to have estate plans to protect surviving partners from being left out in the cold, literally and figuratively. A recent article from Herald Review, Probate Horror Stories: Life partner leaves behind life hurdle,” offers a cautionary tale and solutions to be considered.

An estate planning attorney meets with an elderly gentleman who has been retired for about ten years. He had lost his life partner in a tragic automobile accident and wanted to open an estate in Probate Court so he could administer her assets. Let’s call her Diane and call him Bob. She had no other living family members. The couple met late in life after both had ended their marriages. Neither had children, Diane had no siblings, her aunts and uncles were deceased and she was estranged from her first and second cousins. Bob and his family became Diane’s family.

The two had never legally married. Diane had a strong credit history and savings, while Bob had only Social Security income and minor retirement benefits. The couple decided to buy a home, with Diane getting a home loan at an excellent rate—under 3%. Diane provided the downpayment and the loan, and the couple closed on a house and 2 acres. The deed was issued, and title and ownership were conveyed solely to Diane.

Bob assumed responsibility for the couple's finances. He paid the monthly mortgage, homeowners’ insurance and utility bills. He also built a small workshop, barn and chicken coop for the couple’s hobby of raising chickens and selling eggs. They named their home Golden Egg Oasis and planned to live out their days together.

When Bob met with an estate planning attorney, there was only one bank account with a low balance. The only other probate asset was the Golden Egg Oasis, which was in Diane’s name. Bob was not listed as a Transfer-on-Death Beneficiary. Diane didn’t have a will, estate plan, or trust. She never designated Bob as having any interest in any of her property.

The estate proceedings revealed fifteen estranged first- and second cousins. They had never met Diane. The next of kin was notified, as is part of the probate process, and the cousins were identified.

Estate Planning Critical for Non-Married Partners

Despite decades of payments toward the mortgage and funding investments in the property, Bob had no legal right or entitlement to it. None of the cousins was willing to assign any of their distributed interest to Bob. The cousins rejected an offer to have the property appraised for fair market value and to have Bob purchase it from the estate or sell it to a third party.

Over the years, the property's value had nearly doubled, as had interest rates. Bob’s credit score hadn’t improved since he hadn’t owned anything for more than a decade. He also didn’t earn enough income to qualify for the loan amount needed to purchase Golden Egg Oasis at fair market value.

Golden Egg Oasis was sold to a third party at the appraised market price. The sale proceeds were distributed to Diane’s estate and used to pay her debts. Residual proceeds were divided between fifteen cousins. All Bob received was a small fee for serving as the estate executor.

All of this could have been avoided with estate planning. Bob could have been named a Transfer-on-Death Beneficiary, and the deed recorded with the county recorder could have included a cross-reference to the original deed. Upon Diane’s death, the title would have transferred to Bob, outside of probate.

Diane could also have created a trust and deeded the entire interest in Golden Egg Oasis to the trust, with specific instructions directing the trustee to disburse the property to Bob upon Diane’s passing.

Another option: Diane could have executed a valid will naming Bob as the sole beneficiary of her estate and real property. While the estate would have gone through probate, the court would have been compelled to distribute the real estate to Bob in accordance with Diane’s will.

Cohabiting without the benefit of marriage is not uncommon today, but it lacks the protections afforded to married couples. Talk with an experienced estate planning attorney to make the necessary provisions to avoid becoming a probate horror story.

Schedule your phone consultation: THE LAW OFFICES OF CLAUDE S. SMITH, III

Estate Planning Critical for Non-Married Partners

Reference: Herald/Review (Dec. 17, 2025) “Herald Review, Probate Horror Stories: Life partner leaves behind life hurdle”