Wills vs. Trusts: How to Choose the Right Tool to Protect the People You Love
January 2, 2026
When you begin thinking about estate planning, one of the first questions you might ask is whether you need a will, a trust, or both. You may have heard conflicting information from friends, social media, or TV experts, which can make the decision feel confusing. And while both wills and trusts can play an important role in your estate plan, the real question is not which document you should choose, but how to create a plan that actually works when your loved ones need it to.
In this article, you’ll learn the real difference between wills and trusts, how each works in practice, and what you should consider before making a decision. More importantly, you’ll discover why choosing the right tool is only one part of building a plan that keeps your family out of court, out of conflict, and out of costly mistakes.
What a Will Does and What It Doesn’t Do
A will is often the first document people think of when they think about estate planning. It allows you to state who receives your assets and who you want to raise your children after you die. But a will has important limitations that most people don’t realize until it’s too late.
A will must go through probate, which is a court process that becomes public record. Even in states considered “probate-friendly,” the process can still take months or years, cost thousands of dollars, and create opportunities for conflict. If you have minor children, a will also does not prevent them from being placed in the temporary care of strangers until a judge sorts things out, unless you have a comprehensive estate plan in place.
Importantly, a will also has no authority while you are living. If you become incapacitated, your loved ones will still need additional legal tools to manage your medical decisions, financial matters, and personal care. Without a plan that addresses incapacity, your loved ones may face court involvement, delays, and unnecessary stress during an already emotional time.
And, yes, if you have a power of attorney that does operate while you are living, BUT your power of attorney stops operating at the time of your death. I know, it can be confusing. That’s why we always begin with clear education so you understand what you are doing, and why, and then support you to choose the right plan (and fee) for you.
Because of the limitations of wills and powers of attorney alone, many people look to trusts for greater protection and privacy.
How a Trust Works
A trust is a legal structure that can hold your assets during your lifetime and distribute them according to your instructions when you die. Unlike a will, a properly funded trust bypasses probate entirely, keeping your affairs private and allowing your loved ones to take action and handle your affairs immediately when something happens to you.
A trust also gives you far more control. You can protect a child’s inheritance from divorce, lawsuits, or poor financial habits, and you can determine how and when they receive assets. With the support of an experienced attorney and ongoing plan reviews, a trust can remain aligned with your changing assets, family dynamics, and long-term wishes.
One common misunderstanding is that simply signing a trust means everything is handled. Unfortunately, traditional lawyers and DIY services often leave the most important step unfinished: funding the trust. When assets are not titled correctly, the trust fails, and your loved ones still end up in probate, which is often the very outcome the trust was meant to avoid. The real value comes from working with a lawyer who ensures every asset is properly transferred, kept up to date, and fully coordinated with your overall plan.
So how do you decide whether you need a will, a trust, or both? It starts with understanding what you want your plan to accomplish.
Key Factors to Consider When Deciding Between a Will and a Trust
When choosing the right tools for your plan, the decision is not simply about documents. It’s about your goals, your family, and the legacy you want to leave behind. Here are some things to consider:
1. Do you want to keep your loved ones out of court?
If avoiding court, reducing conflict, and preserving privacy are important to you, a trust may be the best option. Many families believe probate court will be “simple,” but real-life stories show how quickly things can spiral. From siblings fighting over sentimental items to property stuck for years, the cost of a cheap or incomplete plan can be devastating.
2. Do you have minor children?
A will alone is not enough to protect your children. You need documents naming long-term guardians, short-term guardians, clear instructions to avoid your children being taken into temporary custody of the authorities, and documentation that excludes anyone you’d never want to raise your kids. A trust can also preserve assets for your children and ensure caregivers receive the support they need.
3. Do you own a home or have more than one account?
Even modest estates benefit from a trust because it simplifies management and prevents assets from slipping through the cracks. Today, unclaimed property in the U.S. exceeds $60 billion, largely because families couldn’t locate assets or the owner didn't keep an updated inventory. A trust-based plan, paired with ongoing guidance, helps prevent your life’s work from becoming part of that statistic.
4. Do you want someone you trust to manage things if you become incapacitated?
A trust can provide immediate authority to someone you choose, avoiding a court-supervised conservatorship. This keeps your bills paid, your home maintained, and your wishes honored without court delays.
5. Do you want long-term protection for beneficiaries?
If you want your loved ones to receive assets protected from creditors, lawsuits, or divorce, a trust offers options a will simply cannot. If you have loved ones who aren’t financially responsible, suffering from addiction, or have special needs, a trust will ensure assets are protected for their benefit.
No matter which tool you choose, what matters most is that your plan works when your loved ones need it. That requires more than documents. It requires education, support, guidance and counsel. That’s why we always begin your estate planning with a Life & Legacy Planning Session.
What to Do Now
As a trusted advisor to you and your loved ones, my objective is not just to help you choose between a will and a trust. I’m here to help you create a comprehensive estate plan, called a Life & Legacy Plan, that protects the people you love, keeps them out of court and conflict, and ensures your wishes are honored. I also have systems to review your plan over time, ensuring your plan will work when the people you loved need it, and that our firm will be there for them, when you can’t be.
If this all sounds expensive, I can assure you that it’s a lot less costly than the loss of your assets to avoidable court costs, conflict, or your loved ones simply not knowing what to do or what you have. Let’s start with a 15-minute discovery call during which we can guide you to your next best steps in identifying the most affordable and effective plan for yourself and the people you love.
Click here to book your discovery call and get started:
calendar.trustamdlaw.com/widget/bookings/discovery-call-cheryl
This article is a service of AMD Law, a Personal Family LawyerⓇ Firm. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Life & Legacy Planning Ⓡ Session, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life & Legacy Planning Session.
You probably know you “should” have a will or a trust, but have you ever talked with your family about why your money exists in the first place? A simple family mission statement, combined with a comprehensive estate plan can dramatically increase the odds that your wealth and your relationships stay intact for generations. You spend a lifetime working, saving, and building a life for the people you love. Yet research shows that an estimated 70% of wealthy families lose their wealth by the second generation, and around 90% lose it by the third. That kind of loss usually is not just about bad investing. It is about something deeper: no shared purpose, no shared story, and no shared plan. In this article, you learn: What a family mission statement is (and is not). How it works together with your legal planning to protect both money and relationships. Simple steps to start your own family mission statement, even if you are not ultra-wealthy.
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Michael Duarte had everything to live for. At 39, the popular food influencer was building his brand, sharing recipes with millions of followers, and raising his 6-year-old daughter Oakley with his wife Jessica.
Caring for Aging Parents: How to Protect Relationships and Plan Ahead When adult siblings come together to care for aging parents, something unexpected often happens. Instead of bringing families closer, the experience frequently exposes old wounds and creates new rifts that never fully heal. What should be a time of unity becomes a source of lasting conflict. With over 37 million Americans providing unpaid eldercare, these painful dynamics play out across the country every single day. And while you may be focused on caring for your own parents right now, there's an uncomfortable truth you need to face: someday, your children might be in this exact position, trying to coordinate your care. The question is, will you leave them a roadmap or a minefield? Why Family Caregiving Brings Out the Worst in Siblings When adult children must coordinate care for aging parents, even the most harmonious families can find themselves in conflict. One sibling often ends up shouldering most of the burden, either because they live closest, lack other family obligations, or simply feel they have no choice. Meanwhile, other siblings may remain distant, physically or emotionally, leaving one person to manage the daily challenges alone. The resentment that builds isn't really about logistics at all. According to experts in family psychology, caregiving triggers all the old family dynamics that may have been dormant for decades. Questions that were never resolved demand answers suddenly: Who was the favorite child? Who always got more attention? Who was expected to carry more responsibilities while others got a free pass? These aren't new wounds. They're old ones, reopened under the stress and exhaustion of caregiving. Think about your own family for a moment. Are there unresolved tensions lurking beneath the surface? Unequal treatment that was never addressed? Resentments that have been quietly building for decades? If so, the pressure of caring for aging parents will almost certainly bring them roaring back to life. Some adult children find themselves confronting family patterns they've tolerated their whole lives, but can no longer accept as caregivers. Others discover that siblings they thought they knew reveal unexpected sides of themselves under pressure. And many realize too late that assumptions about who would help and how much were never actually discussed - leaving everyone frustrated and disappointed. But here's the part most people miss while they're caught up in managing their parents' care: this isn't just about the present. The way you and your siblings navigate this challenge is setting the stage for how your own children will handle your care someday. Your Children Are Watching and Learning Here's what most people don't realize: your children are taking notes. They're observing how you and your siblings handle (or mishandle) these challenges. They're watching relationships crack under pressure. And whether you realize it or not, you're teaching them how elder care works in your family. The patterns you're living through today are likely to repeat when your children face the same situation with you. If you and your siblings are locked in conflict over your parents' care, your children may assume that's simply how these situations unfold. If one child is bearing the entire burden while others disappear, that imbalance might seem normal to the next generation. And if your family never discusses expectations or creates a clear plan for fair division of responsibilities, your children will inherit that same dysfunction. Unless you do something different. And that's where the opportunity lies. You have the power to break this cycle and create a different experience for your children - one that doesn't involve the confusion, resentment, and fractured relationships that so many families endure. But it requires action now, not later. Breaking the Cycle: Having the Difficult Conversations Now The good news is that you have the opportunity to spare your children from this pain. You can break the cycle by having the difficult conversations early, before a crisis forces your hand. First, talk with your children about your wishes for your care as you age. What kind of medical interventions do you want? Where do you want to live? How do you envision the last chapter of your life unfolding? Don't leave them guessing. Second, facilitate a conversation among your children about what a fair division of caregiving might look like. Everyone's definition of fairness is different. One child might be comfortable managing finances but uncomfortable with hands-on care. Another might live nearby and be willing to handle day-to-day needs if someone else coordinates medical appointments remotely. The key is having these conversations before anyone feels desperate, overwhelmed, or resentful. When adult children wait until a parent is in crisis to figure out caregiving responsibilities, emotions run too high for productive discussion. Third, put the necessary legal documents in place. This includes power of attorney for legal and financial matters and an advanced medical directive specifying who makes healthcare decisions if you cannot. These documents give your children clear authority and prevent confusion about who's in charge during a crisis. Of course, having conversations is one thing. Making sure you have the right legal guidance and direction in place is another. And that's where many families make a critical mistake - they assume a simple will or even a comprehensive set of legal documents is enough to protect their loved ones. A Plan That Works For Your Family (and a Trusted Advisor to Support) If you're thinking, "I'll just create a will and call it done,” you're missing the bigger picture. A will only addresses what happens after you die. It does nothing to help your children care for you while you're alive, keep your loved ones out of court or to prevent the conflicts that tear families apart during that caregiving journey. Instead, what you want is a comprehensive plan that addresses both your care during life and the distribution of your assets after death. This type of plan includes: Healthcare directives that spell out your wishes for end-of-life care and appoint someone to make medical decisions if you're incapacitated Durable power of attorney for financial decisions, so someone can manage your bills, insurance, and other financial matters if you cannot Clear documentation of your assets, accounts, insurance policies, and important information so your children aren't left scrambling to find what you have and where it is A plan that keeps your estate out of probate court, allowing your children to access resources immediately rather than waiting months or years for court approval Regular reviews and updates as your life changes, ensuring your plan continues to reflect your current wishes and circumstances A trusted advisor to counsel all of the decisions you’ll be making throughout your life, get to know your family and be there for them, when you can’t be A comprehensive plan should also include support for the human elements, like having honest conversations with your children about your values, your wishes, and your hopes for how they'll work together when the time comes. This is your opportunity to tell your children directly what matters most to you. To explain why certain decisions are important. To address potential sources of conflict before they explode under pressure. And to permit them to prioritize their relationship with each other over any inheritance. Creating this kind of comprehensive plan might feel overwhelming, especially if you're already dealing with the stress of caring for aging parents. That's exactly why working with someone who understands both the legal and emotional complexities can make all the difference. How I Can Help When you work with me, I don't just create documents and send you on your way. I help you build a Life & Legacy Plan that protects your family relationships as much as it protects your assets. We start with education about what would happen to you and your family without a plan in place. Then we work together to create a comprehensive plan that reflects your unique family dynamics, your values, and your wishes for care. Book a call with me today to learn more: calendar.trustamdlaw.com/widget/bookings/discovery-call-cheryl This article is a service of AMD Law, a Personal Family LawyerⓇ Firm. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Life & Legacy Planning™ Session, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life & Legacy Planning Session. The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer firms, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own, separate from this educational material.
We've all been there. The holiday White Elephant gift exchange starts out fun and lighthearted. But then Uncle Jim steals the massage gun he bought in hopes of winning it for himself. The married couples start tag-teaming to keep the best gifts between them. Cousin Sarah gets stuck with the singing fish. Someone's definitely holding a grudge about that coffee mug from three swaps ago. Now imagine that same dynamic, except instead of gag gifts, it's Dad's classic car, Mom's jewelry, or the family cabin. And there are no rules, no turns, and no laughing it off afterward. The Game Nobody Wants to Play Without a proper estate plan, that's exactly what happens when families are left to figure things out after someone passes. The stakes are infinitely higher, and the damage can last generations. At least White Elephant has rules. Everyone knows when their turn is, there's a limit on how many times something can be stolen, and everyone agreed to play. When someone dies without a clear plan, there are no rules, no referee, and definitely no agreement about who gets what. When "Stealing" Gets Real Just like in White Elephant, family members fight over the same items, feel cheated when someone else gets what they expected, and keep score of who got "more." They may form alliances against other family members and harbor resentment that lasts years. The difference? You can't laugh it off at next year's party. These wounds often never heal. Without clear direction, the state's rules decide who gets what, someone has to go to court to be put in charge (expensive and time-consuming), and family members may race to claim items before others can. Sentimental value gets ignored in favor of monetary value. Verbal promises mean nothing without documentation. Children from different relationships battle current spouses. Creating Clarity Instead of Conflict At my firm, we’ll help you create more than just documents. We ensure everyone knows exactly what you want to happen, with your chosen person in charge rather than whoever gets to court first. Sentimental items go to the people who'll treasure them, and your values and wishes guide every decision. Most importantly, we help you have these conversations now, while you can explain your decisions and share your love, instead of leaving your family to guess and argue later. During our Life & Legacy PlanningⓇ Session, you'll get clear on what you own and what it's worth, decide who should receive what and why, and create a plan that actually works when your family needs it. This Holiday Season, Give the Gift of Peace While other families are strategizing their White Elephant steals and nursing grudges over who ended up with what, you can give your family something priceless: the gift of never having to fight over your estate. 📞 Schedule your complimentary 15-minute Discovery Call today to take the first step: calendar.trustamdlaw.com/widget/bookings/discovery-call-cheryl This article is a service of AMD Law, a Personal Family LawyerⓇ Firm. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Life & Legacy Planning Session, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life & Legacy Planning Session. The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer firms, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.
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Building generational wealth isn't just about smart investments. It requires a fundamental shift in how you think about inheritance, educate your children about money, and plan for the long term. Read more... Many families focus on building wealth, but fewer think about keeping it. Research shows that a majority of wealthy families lose their wealth by the second generation, and by the third generation, the number climbs as high as 90%. That happens not because parents lack concern for their kids, but because key pieces of planning are missing. Keeping wealth in your family isn’t just about signing legal documents or having a strong investment portfolio. True wealth preservation requires a shift in how you think about inheritance, practical systems that keep your assets accessible, and education that prepares the next generation to be responsible stewards. In this article, you’ll learn three essential elements of building and preserving generational wealth: the mindset shifts that redefine what inheritance really means, the legal and financial strategies that keep assets from slipping through the cracks, and the education process that prepares your children to manage and grow what you’ve worked so hard to build. Most importantly, you’ll see why families who succeed in passing wealth down think differently about what they’re actually leaving behind. The Mindset Shift: From “My Wealth” to “Our Legacy” The families who successfully maintain prosperity over multiple generations understand something critical: wealth is more than money. Yes, you can leave your children a million dollars, but if they don’t understand responsibility, financial management, or your family’s values, that money will vanish. Generational wealth lasts when you pass on both tangible and intangible assets, not only accounts and property, but also the knowledge, traditions, and life lessons that make financial wealth sustainable. Your experiences, values, and even your failures are part of the inheritance that will shape how your children handle what you leave them. This requires a mindset shift: inheritance isn’t a one-time transfer that happens at death. It’s an ongoing process of preparation during your lifetime. Instead of keeping financial matters completely private, invite your children into age-appropriate conversations about your values, your goals, and the responsibilities they may inherit one day. Think of it like teaching your child to drive. You wouldn’t simply hand over the keys without practice and guidance. Likewise, don’t hand over wealth without the training and perspective they need to manage it wisely. Of course, perspective alone isn’t enough. Once you embrace this broader definition of wealth, you’ll need systems that ensure your financial assets are actually protected and available when the time comes. The Practical Side: Legal and Financial Strategies That Work Too many people think, even those with substantial assets, that estate planning is about creating a set of documents. But documents aren’t enough. A document like a will, trust, power of attorney or healthcare directive, cannot pass on all that’s important to you, and it doesn’t address the direct impact on the people you love once you die or if you become incapacitated. The truth is, a document alone often creates more problems than it solves - like months of probate, thousands in legal fees, and painful family conflict during an already emotional time. That’s why my Life & Legacy Planning® process goes further. Protecting wealth and passing it on requires much more than a set of documents that eventually go stale over time. Protecting wealth requires so much more, such as: Comprehensive Asset Organization Your plan begins with a complete inventory of everything you own - bank accounts, investments, real estate, insurance policies, digital assets, business interests, and personal items of value. Each asset is titled correctly and integrated into your overall plan so nothing is lost or overlooked - and can be passed on to the people you love. A Plan That Stays Up to Date Life doesn’t stand still, and your plan shouldn’t either. Marriages, divorces, births, deaths, and property changes all require updates to ensure your plan continues to reflect your current life and wishes. Through regular reviews, I help ensure your plan stays current so it works exactly as intended when your family needs it most. Clarity for the People You Love A Life & Legacy Plan doesn’t just protect your assets—it protects the people you love from uncertainty. Your family receives clear guidance about what you own, how to find it, and what to do when the time comes. I help you document where accounts are held, how to access them, and who to contact for help. This clarity prevents the confusion and conflict that too often arise when families are left searching for answers. Ongoing Guidance and a Trusted Relationship Legal strategies form the foundation of wealth preservation, but they’re only one part of the equation. My role as your Personal Family Lawyer® is to serve as your trusted advisor for life - someone who understands your family, your values, and your goals, and who will be there to guide your loved ones when you no longer can. And if I’m not able to be there, I’ll have a trusted colleague you can turn to who will be there in the same way I would. That ongoing relationship ensures your plan works not just legally, but practically and emotionally, for the people you care about most. Creating a comprehensive plan and keeping it updated over time is only one part of preserving generational wealth. For true generational wealth to last, your children also need the tools, guidance, and values to use it wisely. The Education Piece: Preparing the Next Generation Even the most thoughtfully crafted estate plan can’t prepare your family to carry your intentions forward. Real success requires education, communication, and participation, so the people you love understand not only what you decided, but why. That’s why I encourage families to treat planning as an ongoing conversation, not a one-time event. When your family understands your decisions in advance, such as why you chose certain beneficiaries, appointed specific roles, or structured inheritances a particular way, they’re far less likely to experience confusion or conflict later. These conversations also provide a chance to share your values, priorities, and hopes for how your wealth will be used to strengthen relationships, not divide them. If you are a member of my FamilyCare Program, I will facilitate family meetings where we review your plan together. In these meetings, we explain how your plan works, what responsibilities each person may hold. It also gives them the opportunity to ask questions while you’re here to answer them, preventing misunderstandings later. Having everyone in the same room, literally or virtually, builds understanding and unity, ensuring that your family has a clear roadmap and a trusted advisor they can turn to when the time comes. When you work with me, you’ll also record a Life & Legacy Interview, where you'll share your stories, values, instructions for your loved ones, and your reasons for the choices you’ve made. Combined with periodic family meetings and regular plan updates, this approach ensures that your loved ones are never left wondering what you wanted, or why. Ultimately, the goal isn’t just to pass on assets, but to create a foundation of trust, understanding, and continuity. When your family is informed and included, they’re empowered to honor your legacy with confidence and clarity. When your children are educated and prepared, the next question becomes: how do you ensure that wealth doesn’t just last for them, but also for grandchildren and beyond? Thinking Beyond One Generation The families who keep wealth for generations plan not just for children, but for grandchildren and great-grandchildren. This often means using structures designed for long-term stewardship: Trusts that distribute assets over time, protecting against mismanagement or outside threats. Family governance structures that bring relatives together for ongoing discussions about values and shared resources. Family foundations that involve multiple generations in philanthropy, reinforcing shared purpose and connection. The goal isn’t simply to pass down money. It’s to create a structure that helps your family stay connected, supported, and guided by the values that built the wealth in the first place. With the right mindset, strategies, and education in place, the final step is taking action. Start today, while you have the time and clarity to shape your legacy. Your Legacy Starts Now Preserving generational wealth requires more than smart investments. It requires intentional planning, ongoing education, and a fundamental shift in how you think about inheritance. As a Personal Family Lawyer® Firm, I help families design Life & Legacy Plans that protect not only your money, but everything that truly matters - your values, your wisdom, and your family’s future stability. My process begins with a Life & Legacy Planning Session, where we’ll clarify your goals, review your family dynamics, and create an inventory of your assets, both financial and intangible. From there, we’ll build a plan that ensures your legacy lasts for generations. Ready to protect your wealth and everything it represents? Click here to schedule a complimentary 15-minute discovery call today. calendar.trustamdlaw.com/widget/bookings/discovery-call-cheryl This article is a service of AMD Law, a Personal Family Lawyer Firm. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Life & Legacy Planning Session, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life & Legacy Planning Session. The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer firms, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.
Estate Planning for Unmarried Couples: Protecting the Life You’ve Built Together You’ve built a life with someone you love - sharing a home, experiences, and maybe even finances - but without legal marriage, the law doesn’t automatically recognize your relationship. That means if something happens to you, your partner could be left without legal rights to your property, finances, or even decisions about your medical care. In this article, you’ll learn why unmarried couples face greater legal risks, what key planning steps you can take to protect each other, and how my Life & Legacy Planning® process ensures your wishes are honored, no matter what life brings. Why the Law Doesn’t Protect Unmarried Partners When married couples face illness or death, state law provides automatic rights and protections. But for unmarried partners, those rights don’t exist unless you’ve put them in writing. Without an estate plan: Your partner can’t access your bank accounts or manage bills if you’re incapacitated. They might be excluded from medical decisions, even if they know your wishes best. Your property could go to biological family members, not your partner, regardless of how long you’ve been together. For example, if you own your home in your name alone and you die without a plan, your partner could lose their home overnight - even if they’ve lived there for years or helped pay the mortgage. And while some states recognize “common law marriage,” those laws vary dramatically and apply only under very specific circumstances. Many couples assume they’re covered because they’ve lived together for years, but unless your state legally recognizes that relationship and you’ve met every technical requirement, your partner still has no rights under the law. These outcomes aren’t just unfair, they’re avoidable. With the right plan, you can give your partner the legal authority and protection the law won’t automatically provide. Essential Legal Tools Every Unmarried Couple Needs The good news is that with thoughtful planning, you can ensure your relationship is legally recognized in the ways that matter most. Here are tools I use in my Life & Legacy Planning process to protect unmarried couples: 1. Health Care Documents Without legal authorization, hospitals must turn to your next of kin, not your loved one, for decisions if you’re incapacitated. A Health Care Power of Attorney gives your partner the right to make medical decisions for you. Pair it with a Living Will or Advance Directive that outlines your wishes for end-of-life care, so your partner can advocate for you confidently. You can also include a HIPAA Authorization, which allows medical professionals to share information with your partner. Without this, privacy laws may prevent them from even knowing what’s happening. 2. Financial Power of Attorney This document gives your partner legal authority to handle financial matters if you’re unable to. Without it, someone will have to go to court to gain control, delaying urgent decisions like paying your mortgage or medical bills, keeping your life running smoothly during a crisis. 3. A Will or Trust A Will determines what happens to your assets after you die, and a Trust determines what happens after you die and if you are incapacitated. Without a Will or Trust state law dictates who inherits, and unmarried partners are not recognized heirs. Moreover, if you only have a Will, your loved ones will have to go through probate. Probate is a court process that can take months or years, often becoming expensive and emotionally draining - especially for someone who isn’t legally recognized as family. It’s also a public process. Anyone can view the court records to see what assets you had, the value of your assets, who your loved ones are and where they live, as well as other personal information you may not want available for public consumption. A Trust, on the other hand, avoids probate. Trusts can ensure your partner receives the home, joint property, or financial accounts you want them to have, without the delays and public nature of probate court. It also gives you flexibility to provide for other loved ones, like children, parents, or friends, while protecting your partner’s right to remain in the home or access shared funds. 4. Property and Beneficiary Designations Even the best plan fails if your assets aren’t titled properly, and beneficiary designations don’t match your intentions. If this happens, your assets may bypass your partner entirely. 5. A Written Cohabitation Agreement While not traditionally thought of as part of “estate planning,” a cohabitation agreement can be invaluable for unmarried couples. This document outlines how you’ll handle shared property, expenses, and financial contributions both during your relationship and if it ends. It can help prevent disputes and make sure each partner’s contributions are respected and accounted for. Don’t Forget Emotional and Practical Planning Estate planning for unmarried couples isn’t just about protecting assets; it’s about protecting the person you’ve chosen as family. You have the power to decide if your partner will deal with chaos, conflict, uncertainty and unnecessary expenses after you die, or if your partner will know exactly what to do, when, and how, with the right support to make it as easy as possible. The difference depends on whether you’ve planned for the emotional and practical aspects of death, in addition to the legal tools. When you work with me as your Personal Family Lawyer, I’ll help you not only get the right legal tools in place, but we’ll also cover the emotional and practical aspects of planning, such as: Creating a comprehensive asset inventory and keeping it updated over time. Without a complete inventory, even the best legal document ever written can fail if your partner can’t locate everything you own. Recording a Life & Legacy Interview so you can pass on your stories, values, and love. Your partner will cherish this forever and have guidance directly from you if they’re ever forced to navigate difficult decisions in your absence. Creating open communication among your loved ones. I will support you to have difficult conversations with everyone you love about your wishes for medical care, funeral plans, and what you’d want done with your home and possessions. These conversations relieve your partner from the burden of guessing and ensure they can act with confidence when the time comes, rather than fighting your family in court. Take the Next Step to Protect the Life You’ve Built If you and your partner aren’t legally married, estate planning isn’t just important - it’s essential. Without it, the person you love most could lose everything you’ve worked for together. But with the right guidance, you can make sure your wishes are honored, your partner is cared for, and your love story is legally protected. When you work with me, I’ll help you: Clarify what would happen if either of you became incapacitated or died today. Create a clear plan that gives each of you legal authority and protection. Build an updated inventory of assets so nothing gets overlooked. Schedule ongoing reviews, so your plan evolves as your life and relationship change. Most importantly, your partner will know exactly what to do and whom to call when something happens—because I’ll be there to guide them. Schedule your 15-minute discovery call today and find out how I can help you protect your partner, your home, and the life you’ve built together. calendar.trustamdlaw.com/widget/booking/JDAbqicl45eEE3dRRmpb This article is a service of AMD Law a Personal Family LawyerⓇ Firm. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Life & Legacy Planning Session, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life & Legacy Planning Session. The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer firms, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.