In Michigan, more couples than ever are choosing to share their lives, homes, and finances without getting married. While cohabitation can feel no different from marriage in day-to-day life, the law treats it very differently—especially when one partner passes away without an estate plan.
No Automatic Inheritance Rights
Michigan’s inheritance laws are built around marriage and blood relationships. If an unmarried partner dies without a will, the surviving partner has no legal right to inherit any portion of the deceased’s estate. Instead, the decedent’s assets pass under Michigan’s intestate succession laws—usually to children, parents, or siblings.
This means a surviving partner could lose the home, vehicles, or even personal belongings they helped pay for.
Joint Assets Aren’t Always Protected
Even if both partners contributed to a purchase, title ownership controls. If only one name is on the deed, vehicle title, or bank account, the surviving partner may have no legal claim once the titled partner dies. Without proper titling or beneficiary designations, these assets could be tied up in probate or claimed by relatives of the deceased.
No Legal Authority for End-of-Life Decisions
Unmarried partners also lack default rights to make medical or financial decisions if the other becomes incapacitated. Without powers of attorney or healthcare directives, hospitals and financial institutions will look to the next of kin—not the surviving partner.
How to Protect Each Other
The good news is that a few simple planning steps can prevent most of these issues:
- Draft wills or trusts naming each other as beneficiaries.
- Use joint ownership with rights of survivorship or transfer-on-death designations for property and accounts.
- Execute durable powers of attorney and patient advocate designations.
- Keep beneficiary forms updated for life insurance and retirement accounts.
Final Thoughts
For unmarried couples, failing to plan can leave a surviving partner legally powerless and financially vulnerable. A clear, legally valid estate plan ensures that your wishes—not Michigan’s default laws—control what happens if the unexpected occurs.
At The Woods Law Office PLLC, we help Michigan families and couples protect what matters most. Whether you’re just starting to build a life together or have shared one for decades, we can create a plan that safeguards both of you.
📞 Call us today at 586-532-8970 to schedule a confidential consultation and start your estate planning with confidence.
