More couples than ever are choosing to build a life together without getting married. While cohabitation offers many benefits, it also creates unique legal challenges—especially when it comes to estate planning.

In Wisconsin, unmarried couples don’t receive the same automatic legal protections as married spouses. Without a proper estate plan in place, one partner could be left out entirely in the event of illness, incapacity, or death. In this article, we’ll explore the risks of not planning ahead and outline the steps unmarried couples can take to protect each other and their shared legacy.

The Problem: Wisconsin Law Doesn’t Recognize Unmarried Partners as Heirs

In the absence of a will or trust, Wisconsin’s intestate succession laws determine who inherits your assets—and an unmarried partner is not on that list. If you pass away without an estate plan, your property will go to your legal next of kin, such as parents, children, or siblings—even if your partner has shared your home, finances, and life for years.

This means:

  • Your partner could be left without access to shared property.

  • Family members could take legal ownership of assets your partner helped you build.

  • The probate process could become contentious or emotionally difficult.

Health Care and Financial Decisions: Who’s Allowed to Step In?

Another major risk for unmarried couples arises if one partner becomes incapacitated. Under Wisconsin law, an unmarried partner does not have the automatic right to:

  • Make medical decisions on your behalf

  • Access your medical records

  • Manage your finances or pay your bills

Without the right legal documents, your partner may be legally powerless in an emergency.

 

Essential Documents:

  • Health Care Power of Attorney – Designates your partner to make medical decisions if you’re unable.

  • HIPAA Authorization – Allows your partner access to your medical information.

  • Durable Power of Attorney – Gives your partner authority to manage finances, pay bills, or handle legal matters if you become incapacitated.

Without these documents, decision-making could default to your legal family members—excluding your partner altogether.

Joint Assets Don’t Always Pass Automatically

Many unmarried couples co-own property, bank accounts, or vehicles. But unless ownership is clearly defined—such as through joint tenancy with rights of survivorship—your partner may not automatically inherit your share upon your death.

For example:

  • If you own a home and your name alone is on the title, your partner has no legal claim to it after your death—even if they contributed financially.

  • Bank accounts or investments in one person’s name may be frozen during probate, leaving the surviving partner without access to funds.

Smart planning strategies include:

  • Updating titles and deeds to reflect joint ownership with survivorship rights

  • Naming each other as beneficiaries on retirement accounts and life insurance

  • Creating a revocable living trust to transfer property smoothly and privately

The Importance of a Customized Estate Plan

Unlike married couples, unmarried partners can’t rely on the default protections built into the law. That’s why estate planning is not optional for cohabitating couples—it’s essential.

A tailored estate plan can:

  • Ensure your partner inherits your share of the home, savings, or business

  • Allow your partner to make important health and financial decisions

  • Avoid probate delays and family disputes

  • Clarify intentions in writing, reducing the risk of legal challenges

Whether you’ve been together for a few years or several decades, formalizing your wishes can bring peace of mind and protect both of you from uncertainty.

Let Turke & Steil LLP Help You Plan for the Life You’ve Built Together

At Turke & Steil LLP, we work with couples throughout Wisconsin who want to protect their loved ones—married or not. If you’re in a committed relationship and don’t have an estate plan in place, now is the time to take action.

We’ll help you put the right documents in place to make sure your partner is cared for, your wishes are honored, and your legacy is preserved.

Contact us today at 608.237.1775 to schedule a consultation and begin building an estate plan that reflects the life you share.