Marriage is not the only way two people combine their homes, finances and futures. For unmarried couples, estate planning raises a central question: whether the law reflects the life they have built together.
Directing an inheritance to your partner
If you die without a will, Texas intestacy law does not give your unmarried partner a share of your probate estate based on your relationship alone. The outcome differs if both of you meet the legal test for an informal marriage, because Texas then recognizes you as married.
That requires proof that you and your partner agreed to be married, lived together in Texas as spouses and represented yourselves to others as married. After one of you dies, establishing those facts depends on the evidence left behind and can lead to a dispute.
A valid will lets you name your partner as a beneficiary and decide what property they receive. A revocable living trust provides another option, but only assets transferred to the trust avoid probate and pass under its terms.
Transferring assets outside probate
Outside your will, certain assets pass to a named beneficiary and never enter probate. Your partner receives these only if the controlling document names him or her:
- Life insurance proceeds, paid to the named policy beneficiary
- Retirement accounts, transferred under the plan’s beneficiary form
- Payable-on-death bank accounts, released to the person you name
- A home or land, conveyed by a recorded transfer-on-death deed
A valid beneficiary designation or transfer-on-death deed determines who receives the asset, even if your will leaves it to someone else. Reviewing these records with the rest of your estate plan helps ensure they still name your partner and reflect your wishes.
Granting authority during your incapacity
A durable power of attorney lets you name your partner to handle your finances, such as paying bills or managing accounts. The word “durable” matters because the document remains in effect if you lose capacity, so the person you appointed retains that authority.
Health care requires separate planning. A medical power of attorney authorizes your partner to make health care decisions after a physician certifies in writing that you lack the capacity to do so. Without it, Texas law looks to relatives in a fixed order, which does not include unmarried partners.
An attorney can help you decide which financial and medical powers to grant your partner, draft the appropriate language under Texas law and explain when each document takes effect. That review also identifies conflicts with the rest of your estate plan before they create problems during an emergency.