Michigan Estate Planning: Married vs Single (and What Changes if You Are an Unmarried Couple)

Estate planning advice tends to assume you are married with kids. The reality is that almost half of American adults are single, divorced, widowed, or in long-term unmarried relationships. Michigan's intestate-succession statutes, durable power of attorney rules, and healthcare-decision defaults all change dramatically based on your family status. A long-term unmarried partner has no legal right to inherit from you, no right to make your medical decisions, and no right to walk into a hospital and ask about your condition. A single person with no kids has different priorities than a single parent with three children. A second marriage with stepchildren has the messiest rules of all. This is the plain-English guide to which estate planning steps actually matter for your situation.

The Michigan Default Plan You Did Not Choose

If you die without a will or trust, Michigan's intestate-succession statute (MCL 700.2101 et seq.) decides who gets what. The formula has been updated for cost-of-living adjustments and as of 2026 sits at $239,000 for the surviving-spouse first share. The defaults change dramatically based on your family status. Per Patrick & Associates, PLLC:

• Spouse, no descendants or parents: spouse takes everything.
• Spouse and descendants of both spouses: spouse takes first $239,000 + 1/2 of balance; descendants take the rest.
• Spouse and one parent (no descendants): spouse takes first $239,000 + 3/4 of balance; parent takes 1/4 of balance.
• Spouse + decedent's descendants who are NOT all spouse's descendants: spouse takes $239,000 + 1/2 of balance.
• Spouse + stepchildren only (none of spouse's descendants): spouse takes $159,000 + 1/2 of balance.
• No spouse, descendants only: descendants inherit equally.
• No spouse, no descendants, parents alive: parents inherit equally.
• None of the above, but siblings or their descendants: they inherit.
• No relatives at all: the entire estate "escheats" to the state of Michigan.

Crucial point: Michigan intestate succession does NOT recognize unmarried partners -- no matter how long you have been together, what you call yourselves, or how the relationship looks to friends and family. Per Varnum LLP: "Without marriage, your partner has no automatic inheritance rights, health care decision-making authority, or legal standing."

If You Are Married

Married couples have the easiest estate planning -- but easy does not mean automatic. The baseline plan still needs:

• Will or trust naming the spouse as primary beneficiary. Override the intestate-succession formula. If you have kids from prior relationships and want everything to go to your spouse first, you need a will -- the default split gives part to your kids.
• Beneficiary designations on retirement accounts and life insurance. 401(k)s automatically default to spouse under ERISA. IRAs do not -- update beneficiary forms. (See 401k/IRA guide.)
• Durable financial power of attorney. Marriage does NOT give your spouse automatic banking authority during your incapacity. They still need a Michigan DPOA.
• Patient advocate designation. Same with healthcare. Spouses do not automatically get medical-decision authority under Michigan law -- they need the PAD.
• Guardian for minor children. Joint guardianship plan in case both parents die.
• Coordinated trust if you have a complicated mix. Second marriage with kids on both sides? You need a trust that protects your kids while supporting your spouse.

If You Are Single With No Kids

Often the most-neglected estate planning audience. Single, no kids, parents and siblings still alive. If you die without a will:

• Parents inherit everything if they are alive.
• If no parents, siblings inherit equally.
• If no parents or siblings, the search continues to nieces/nephews, aunts/uncles, cousins.
• If no relatives at all, your assets go to the state of Michigan.

This may or may not be what you want. Common scenarios where you NEED a will if you are single:

• You want a friend, mentor, or partner (not a legal spouse) to inherit.
• You want to leave significant amounts to charity.
• You want one parent to inherit and not the other.
• You want to leave specific items (jewelry, vehicles, collections) to specific people.
• You want your friend rather than your sibling to be the personal representative.
• You want pet-care provisions for surviving animals.

The minimum kit for single Michigan adults without kids:

• Will naming beneficiaries and personal representative.
• Durable financial POA (someone has to handle your finances if you are in a coma).
• Patient advocate designation (someone has to make medical decisions).
• HIPAA release naming the people who can access your medical records.
• Updated retirement and insurance beneficiaries (do NOT default to "estate").

If You Are Single With Kids

Single parents have one of the most urgent estate-planning needs in Michigan because of the guardianship issue. If both parents are deceased or one parent has terminated rights, the surviving parent's death triggers a Michigan probate court guardianship case for the children.

If you do not name a guardian in your will, the probate court picks one -- and the law has no preference for your best friend, your sister, or anyone else. The judge weighs the child's best interests. Family disputes are common and expensive.

Essentials for a single parent in Michigan:

• Will naming a guardian for minor children. Plus a backup guardian. Plus a separate "conservator" (the person who manages the kids' money). The same person can serve both roles. See our guardian nomination guide.
• Life insurance to fund the kids' care. Term life is cheap. $250,000 to $500,000 per child can transform their financial security.
• Trust to hold inheritances until age 25 or 30 instead of an outright distribution at 18.
• Updated beneficiary designations. If you name minor children directly on retirement accounts, Michigan requires a court-appointed conservator. Instead, name a trust as beneficiary or use Michigan's MUTMA custodian process.
• Durable financial POA and patient advocate designation naming a trusted adult to step in if you become incapacitated.

If You Are in an Unmarried Relationship

This is the highest-risk category in Michigan because Michigan law gives your partner zero default rights. Per the Charles Schwab analysis quoted in our research: "Unmarried couples are little more than strangers in the eyes of the law, with no legal stake in each other's estates, nor the right to make financial or medical decisions on each other's behalf."

The risks for unmarried Michigan couples:

• No inheritance. If you die without a will, your partner gets nothing. Your estate passes to your parents, then siblings, then more distant relatives -- and finally to the state if no blood relatives exist.
• No medical decisions. HIPAA prevents your partner from accessing your medical information without a written authorization. Hospitals will look to next-of-kin, not your partner.
• No financial access. Banks will not let your partner pay bills, manage accounts, or sell property on your behalf without a Michigan DPOA.
• Shared real estate becomes a mess. Per Creighton McLean & Shea: a Michigan property held as "David Jones and Mary Smith" who are not married produces a 50% interest going to each on death -- with the deceased partner's 50% going through probate to BLOOD RELATIVES, not the surviving partner. Use "joint tenants with rights of survivorship" (JTWROS) to fix this.
• No spousal Social Security survivor benefits. Unmarried partners do not qualify.
• No federal estate tax marital deduction. Above the $15 million federal exemption, this matters; below it, it does not.
• No step-up in basis advantage from joint tenancy. Spouses get a step-up on the entire property at the first death (in non-community-property states like Michigan, only on the deceased's half). Unmarried partners only get a step-up on the deceased partner's half.

The unmarried-partner essentials kit

1. Will or trust naming your partner. Without this, Michigan law treats your partner as a stranger.
2. JTWROS or TOD on every major asset. Real estate, bank accounts, vehicles, brokerage accounts.
3. Durable financial POA naming your partner.
4. Patient advocate designation naming your partner.
5. HIPAA release authorizing your partner to access medical info.
6. Updated retirement and life insurance beneficiaries.
7. Consider a cohabitation agreement to clarify what happens to shared assets if you separate.
8. Consider getting married. If you are reading this and the relationship is permanent, marriage automatically grants most of these rights. Plus tax and Social Security benefits.

If You Are in a Second Marriage

Second marriages with kids from prior relationships generate the most Michigan probate litigation. The Michigan intestate-succession statute knows your spouse is not your kids' parent: it gives the spouse less than they would get in a first marriage and reserves a larger share for the deceased's biological children.

Specifically (per MCL 700.2102): if you are married to a person who is not the parent of any of your children, and your spouse has children from another relationship, the surviving spouse only gets the first $159,000 plus half the balance. That can leave your spouse without enough to keep the house.

The standard fix is a revocable living trust that:

• Provides for your spouse during their lifetime (income, housing, healthcare).
• Then distributes the trust corpus to your biological children at your spouse's death.

Sometimes called a "QTIP trust" (Qualified Terminable Interest Property). The CreateMIWill Trust Kit includes Michigan-specific second-marriage language. See our blended family guide and second marriage guide for full coverage.

The HIPAA / Medical-Decision Trap

HIPAA -- the federal medical privacy law -- forbids medical providers from sharing your health information with anyone without your written authorization. Marriage does not grant automatic HIPAA access. Per Charles Schwab: "Unmarried partners need to name each other in a legal document called a durable medical power of attorney before they can make medical decisions on each other's behalf or discuss health care options with their respective doctors."

For all family statuses, every Michigan adult should have:

• A Patient Advocate Designation naming a healthcare agent.
• A HIPAA release listing the people who can access medical records.
• Both documents stored with your primary care doctor and your hospital of choice.

This is the single most overlooked piece of estate planning in Michigan. People focus on the will and forget the documents that matter while they are alive but incapacitated.

Joint Titling: What Married Couples Get Free

Michigan recognizes "tenancy by the entirety" for married couples on real estate. This is a special form of joint ownership that:

• Automatically passes the property to the surviving spouse on death (no probate).
• Protects the property from creditors of only one spouse.
• Cannot be severed without both spouses' agreement.

Unmarried co-owners can get probate avoidance with "joint tenants with rights of survivorship" (JTWROS) but lose the creditor protection. They can also use "tenants in common" (each owns a divisible share) but that DOES go through probate at each owner's death.

Practical implication: married Michigan couples generally do not need to worry about retitling the house if it is already held as tenants by the entirety. Unmarried co-owners should make sure their deed says "as joint tenants with rights of survivorship" -- if it just says both names, it defaults to tenants in common.

DIY Setup for Each Family Status

Married, simple estate: CreateMIWill Will Kit ($89). Six documents covering everything. About 90 minutes total.

Married, blended family or second marriage: CreateMIWill Trust Kit ($199) with QTIP-style trust provisions, or the Complete Bundle ($349) for both will and trust kits.

Single, no kids: Will Kit ($89). Be sure to update retirement/insurance beneficiary forms -- they default to parents or estate, which is often not what you want.

Single parent: Will Kit ($89) plus careful guardian nomination plus consider Trust Kit for minor-child inheritance. Add term life insurance.

Unmarried partnership: Will Kit each ($89 x 2 = $178 for both partners) plus careful JTWROS titling on shared assets. Update every beneficiary form. Consider getting married if the relationship is permanent.

Long-term unmarried with kids: Both partners need their own Will Kit + guardianship plan that names the surviving partner explicitly (Michigan law does not assume the unmarried partner becomes the kids' guardian).

Frequently Asked Questions

Does Michigan recognize common-law marriage?

No. Michigan does not recognize common-law marriages established within the state since 1957. However, common-law marriages validly formed in other states are recognized. No matter how long an unmarried couple has lived together in Michigan, they are legally unmarried for inheritance and estate planning purposes.

Can I name my unmarried partner as my retirement beneficiary?

Yes. ERISA (the federal law governing 401(k)s) automatically makes a spouse the primary beneficiary unless they sign a waiver -- but if you are unmarried, you can name anyone. IRAs and most life insurance always allow whoever you want, regardless of marriage status.

If my unmarried partner dies, can I sue for inheritance?

Generally no. Michigan does not recognize palimony, paternity-based inheritance from non-relatives, or common-law inheritance. Limited claims may exist for jointly-owned property or repayment of co-mingled funds, but you have no right to inherit. This is why the will and beneficiary forms matter.

If I die single with no kids and no will, do my parents inherit?

Yes. Michigan intestate succession passes everything to surviving parents (equally between them, or all to the survivor if only one is alive). If both parents have died, your siblings inherit. If no siblings, the search continues to extended family.

What is the difference between "joint tenants" and "tenancy by the entirety" in Michigan?

"Tenancy by the entirety" is available only to married couples and provides automatic survivorship plus creditor protection. "Joint tenants with rights of survivorship" (JTWROS) is available to anyone and provides automatic survivorship but no creditor protection. "Tenants in common" (the default if you do not specify) means each owner has a divisible share that passes through their estate at death.

Can my unmarried partner be my Michigan personal representative?

Yes, if you name them in your will. Michigan does not restrict who can serve. Without a will, the court picks based on a statutory priority list that excludes unmarried partners.

Do I need a will if all my assets have named beneficiaries?

You should still have one. Beneficiary designations cover 401(k)s, IRAs, life insurance, POD/TOD accounts -- but not your house (unless you have a Lady Bird deed), your personal property, your car, or anything you forget. Plus a will is the only document that nominates a guardian for minor children.

What is the cost difference between getting married and creating an estate plan?

Marriage is free (well, the license costs about $30 in Michigan). It grants dozens of automatic rights. An estate plan replicating those rights costs $89 for the CreateMIWill Will Kit. For most long-term unmarried couples, doing both is the cleanest answer -- get married AND keep your estate plan updated.

Does Michigan have any "civil union" or "domestic partnership" status?

No. Michigan does not have a civil union or domestic partnership status. The only legally recognized partnership in Michigan is marriage (same-sex marriages are recognized since 2015's Obergefell decision).

What happens to our house if my unmarried partner dies and our names are on the deed?

Depends on the deed wording. If it says "joint tenants with rights of survivorship," you inherit the entire property automatically. If it just says both names or "tenants in common," your partner's half goes through probate to their blood relatives -- and you may have to buy them out or accept new co-owners.

Build the Right Plan for Your Status

Whether you are married, single, partnered, divorced, widowed, or in any combination, the CreateMIWill Will Kit covers the documents every Michigan adult needs: will, durable financial POA, patient advocate designation, HIPAA release, Lady Bird deed template, funeral representative designation. $89 for six documents. Add the Trust Kit if you have a blended family, second marriage, or other complexity.