More couples in California are choosing to build their lives together without marriage. Whether you are in a long-term partnership, living with a significant other, or simply not interested in formalizing your relationship through marriage or domestic partnership, the law does not automatically recognize your partner’s role in your life.

At Kushner Legal Corporation, we work with unmarried couples throughout Los Angeles and Palm Springs who want to protect each other and ensure their partner has the legal authority to act when it matters most. Without proper planning, the person you trust most could be left with no rights at all.

California Law Does Not Protect Unmarried Partners

Unlike married couples or registered domestic partners, unmarried couples have no automatic inheritance rights, no authority to make medical decisions for each other, and no access to each other’s financial accounts during incapacity. California law simply does not recognize the relationship unless you create legal documents that do.

If you pass away without a will or trust, California’s intestacy laws under Probate Code sections 6400 through 6455 dictate who inherits your property. For unmarried individuals, your assets go to your parents, siblings, or other blood relatives. Your partner receives nothing, no matter how long you have been together or how intertwined your lives are.

Similarly, if you become incapacitated without advance directives in place, your partner has no legal standing to make decisions on your behalf. A court could appoint a family member you are estranged from, leaving your partner powerless to help you.

Medical Decision Making and Incapacity Planning

One of the most important steps you can take is ensuring your partner can make medical decisions if you are unable to communicate. Under California Probate Code sections 4600 through 4806, you can execute an Advance Health Care Directive naming your partner as your agent for health care decisions.

This document allows your partner to:

• Speak with doctors and access your medical records
• Make treatment decisions based on your values and preferences
• Decide on pain management, surgical interventions, and end of life care
• Ensure continuity of care without interference from family members who may not know your wishes

Without this document, hospitals and medical providers may not allow your partner into the room, let alone give them any say in your treatment. California law provides a default hierarchy of decision makers under Probate Code section 4711, and unmarried partners are not on that list.

A HIPAA authorization should also be included to ensure your partner can access your medical information. Many couples also choose to include specific instructions about mental health care, gender affirming care, or other personal preferences that reflect their values.

Financial Authority During Incapacity

If you become incapacitated, your partner will have no ability to pay your bills, access your bank accounts, manage your investments, or handle your financial affairs unless you have given them legal authority in advance. This is where a Durable Power of Attorney for Finances becomes essential.

California’s statutory framework for powers of attorney is found in Probate Code sections 4000 through 4545. This document allows you to name your partner as your agent, giving them the authority to manage your finances if you are unable to do so.

Without a power of attorney, your partner could be forced to go to court and seek a conservatorship under Probate Code section 1801. Conservatorships are expensive, time consuming, and require ongoing court supervision. The process can take months, and there is no guarantee your partner will be appointed. The court could choose a family member instead, leaving your partner with no ability to help manage your life.

A financial power of attorney avoids all of that. It gives your partner immediate authority to step in and handle your affairs, allowing for continuity and protecting you from financial chaos during a vulnerable time.

Protecting Your Partner Through Inheritance Planning

If you want your partner to inherit your assets, you must state that explicitly in a will or revocable living trust. Without a plan, California’s intestacy laws will direct your property to your family, not your partner.

A will allows you to name your partner as a beneficiary, but it still requires probate. Probate is a public court process that can take a year or longer and involves statutory fees based on the gross value of your estate under Probate Code sections 10810 and 10800. Your partner will have to wait for court approval before receiving anything, and the entire process becomes a matter of public record.

A revocable living trust offers far more flexibility and privacy. It allows your assets to pass directly to your partner outside of probate, avoiding court involvement entirely. Your successor trustee can distribute assets according to your instructions without delay, and the terms of your plan remain private.

For unmarried couples who own property together, a trust also provides clarity about what happens to jointly owned assets and individually owned assets. You can specify how your share of a home should be handled, whether your partner should have the right to continue living there, and how other assets should be distributed.

Protecting Property You Own Together

If you and your partner own real estate or other assets together, the way title is held matters significantly. Property held as joint tenants with right of survivorship automatically passes to the surviving owner outside of probate. This can be a simple and effective way to ensure your partner inherits your share.

However, joint tenancy is not always the best solution. It does not provide any control over what happens after both partners pass away, and it can create complications if one partner has children from a previous relationship or other family members they want to provide for.

A trust offers more control. You can specify that your partner has the right to use the property during their lifetime, with the property ultimately passing to your children, other family members, or charity after your partner’s death. This type of arrangement, sometimes called a life estate or a trust with specific distribution instructions, allows you to take care of your partner while also honoring other relationships and obligations.

Addressing Family Conflict and Will Contests

Unmarried couples often face a higher risk of family conflict after one partner passes away. If your family members do not approve of your relationship or expected to inherit your assets themselves, they may challenge your will or trust.

California law provides some protections for your plan, but proper drafting is essential. Under Probate Code section 6112, a will or trust can include a no contest clause that disinherits anyone who unsuccessfully challenges the document. This can discourage frivolous litigation and protect your partner from prolonged legal battles.

However, no contest clauses must be carefully drafted to comply with California law. If not done correctly, they may be unenforceable. Working with an experienced estate planning attorney ensures that your documents are structured to withstand challenge and that your partner’s inheritance is protected.

Coordinating Beneficiary Designations

Many assets pass outside of probate through beneficiary designations rather than through a will or trust. These include:

Retirement accounts such as IRAs and 401(k) plans
Life insurance policies
Payable on death bank accounts
Transfer on death brokerage accounts

If you want your partner to receive these assets, you must name them as the beneficiary on each account. Beneficiary designations override anything in your will or trust, so it is critical that these forms are completed correctly and kept up to date.

For unmarried couples, this coordination is especially important. If you named a parent or sibling as a beneficiary years ago and never updated the form, that is who will receive the asset, regardless of your current wishes or what your trust says.

Nomination of Conservator

Even with a trust and powers of attorney in place, there are rare situations where a conservatorship may still become necessary. If that happens, you can nominate who you want the court to appoint as your conservator under Probate Code section 1810.

This nomination allows you to designate your partner in advance, making it far more likely the court will respect your wishes rather than defaulting to a family member. While this document is not a substitute for a power of attorney, it serves as an important backup if court involvement becomes unavoidable.

Planning for End of Life and Funeral Decisions

Under California Health and Safety Code section 7100, you can designate an agent to make decisions about your funeral, burial, or cremation. Without this designation, the law provides a default hierarchy that prioritizes family members over unmarried partners.

Many couples also want to document their wishes about memorial services, the disposition of remains, and other personal preferences. Including these instructions in your estate plan can prevent conflict and ensure your partner has the legal authority to carry out your wishes without interference.

Why Unmarried Couples Cannot Afford to Wait

The longer you wait to put these documents in place, the greater the risk that something will happen before you are prepared. A medical emergency, an unexpected accident, or a sudden illness could leave your partner with no legal standing to help you.

Estate planning for unmarried couples is not about distrust or pessimism. It is about protecting the person you love and ensuring they are recognized and empowered when it matters most. California law gives you the tools to create that protection, but only if you act.

Practical Steps to Protect Your Partner

At Kushner Legal Corporation, we work with unmarried couples to create comprehensive plans that address medical decision making, financial management, inheritance, and end of life wishes. A complete plan typically includes:

Advance Health Care Directive naming your partner as your agent
HIPAA authorization allowing your partner to access medical information
Durable Power of Attorney for Finances giving your partner authority over your accounts and property
Revocable Living Trust directing how your assets should be distributed and managed
Pour Over Will as a safety net for any assets not transferred into the trust
Beneficiary designation review to ensure accounts pass to your partner
Nomination of Conservator designating your partner if court involvement is needed
Agent for Disposition of Remains giving your partner authority over funeral decisions

Each of these documents plays a specific role, and together they create a comprehensive safety net for you and your partner.

Reviewing and Updating Your Plan

Once your plan is in place, it is important to review it periodically. Life changes, and your estate plan should change with it. If you and your partner eventually marry or register as domestic partners, your plan may need to be updated. If you acquire new property, have children, or experience changes in your family relationships, those events should trigger a review.

At Kushner Legal Corporation, we encourage clients to revisit their estate plans every few years or after any major life event. This ensures your documents remain aligned with your goals and continue to protect the people you care about.

Taking the First Step

Estate planning for unmarried couples is about more than legal paperwork. It is about recognizing the life you have built together and ensuring that your partner is protected, empowered, and provided for. California law does not do this automatically, but with the right plan in place, you can create the legal recognition and protection your relationship deserves.

If you are ready to protect your partner and ensure your wishes are honored, we are here to help. You can learn more about our approach to estate planning for unmarried couples or schedule a consultation by visiting www.kushnerlegal.com.