Do not rely on relationship status alone
Document who should inherit and who may act during incapacity. A will, trust, power of attorney, and advance directive address different rights and should be reviewed together.
Questions an unmarried couple should settle in writing, and where
| Question | Which document answers it |
|---|---|
| May a partner remain in the home? | Will or trust, and the deed |
| Who pays carrying costs? | Will, trust or a written agreement |
| Who receives personal property? | Will or trust |
| Who makes health decisions? | Advance directive |
| Who makes financial decisions? | Power of attorney |
| How are shared debts and accounts handled? | Account agreements and beneficiary forms |
Does my partner have any automatic right to my property?
Not under Vermont's intestacy statute, which passes property to relatives by blood or adoption. A partner receives property only through a will, a trust, joint ownership, or a beneficiary form. Without one, they have no automatic claim.
Can my partner make medical decisions for me?
Only if you sign an advance directive naming them. Without one, decisions may fall to relatives.
A directive can also say who may visit and receive information. Sign it while you are well.
Should we put both names on the deed?
It can work, but it has consequences. Joint ownership can pass the home directly to the survivor, and it also exposes the house to a co-owner's creditors and may create a gift. Ask a lawyer about the tax and mortgage effects first.
What if I die owning half the house we share?
Your half goes wherever your documents or the law send it. If the house is jointly owned with survivorship, your partner takes it; if not, your half passes under your will, or to your relatives if you have no will.
Can my partner serve as my executor?
Yes. Anyone you trust can be named, whether or not related. If you die without a will, the statute gives priority to a spouse or next of kin, which would not include an unmarried partner.
Does my partner get my retirement account?
Only if named as beneficiary. Retirement accounts pass by the beneficiary form, not by the will. Unmarried partners generally lack the special spousal options for retirement accounts, which can affect taxes.
Can a partner receive my health information?
Yes, if you authorize it. An advance directive can name individuals to receive health information.
A HIPAA release also does this. Without either, providers may share less with someone who is not family.
What if my family disagrees with my partner about my care?
Put your choices in writing. A signed advance directive and power of attorney carry legal weight, and a named agent has authority; it also helps to nominate a guardian in the documents, in case one is ever needed.
How do we handle shared debts?
Write down who owes what. A debt in one name stays with that person's estate, and a joint debt may be collectible from the survivor. Agree on who pays the mortgage and whether the survivor can stay in the home.
Can we sign a cohabitation agreement?
Yes. A written agreement can address property, expenses, and what happens if the relationship ends or one partner dies; it supports the estate plan but does not replace it.
Do we need separate lawyers?
Often yes when interests might diverge, especially over property. Some couples use one lawyer and sign a conflict waiver. Ask each lawyer how they handle it.
Would marriage or a civil union change the plan?
Yes. Spouses have statutory rights in each other's estates, including intestate shares, allowances, and an elective share. A couple who marries should update every document, since old ones may no longer fit.
Sources and further reading