Sandy Springs Estate Planning for Unmarried Couples or Domestic Partners

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Many couples in Sandy Springs and across metro Atlanta choose to build a life together without getting married. They share homes near Roswell Road, split bills, raise children, and plan for the future as a team. But under Georgia law, that commitment means almost nothing when it comes to inheritance, medical decisions, or financial control. Without the right legal documents in place, your partner could be left with nothing, and you could lose the ability to make critical decisions for each other. That is why estate planning for unmarried couples and domestic partners is not optional. It is essential.

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What Georgia Law Says About Unmarried Partners and Inheritance

Georgia’s intestate succession laws are clear and unforgiving for unmarried couples. Under O.C.G.A. § 53-2-1, the state distributes a person’s estate to their legal spouse first, then to blood relatives in a set order. Your partner, no matter how long you have lived together or how deeply committed your relationship is, receives nothing under this law. The state does not recognize common-law marriages formed after January 1, 1997, which means most couples in Sandy Springs today cannot claim that protection either.

Think about what that means in practice. You and your partner buy a home together off Abernathy Road, share a joint bank account, and spend twenty years building a life together. If you die without a will, Georgia law ignores that relationship entirely. Your assets could pass to a parent, sibling, or even a distant relative you barely know. Your partner could be left scrambling to find housing, access funds, or cover expenses, all while grieving your loss.

Georgia’s Title 53 governs wills, trusts, and the administration of estates. Under Chapter 10 of that title, simultaneous death provisions also apply only to legally recognized relationships or named beneficiaries. If both partners die at the same time, say in an accident on I-285, and neither has named the other in a will or trust, the estate distribution falls entirely to blood relatives on both sides. The only way to change this outcome is through deliberate planning. A properly drafted will, a revocable living trust, or updated beneficiary designations can override Georgia’s default rules and make sure your partner is protected. Slowik Estate Planning, based in Atlanta, Georgia, works with unmarried couples throughout Sandy Springs to build plans that reflect their real wishes, not the state’s default assumptions.

Wills, Trusts, and Beneficiary Designations for Domestic Partners

A last will and testament is the most direct way to name your partner as a beneficiary. Under O.C.G.A. Title 53, Chapter 5, a valid Georgia will must be signed by the testator and witnessed by two people. Once probated through the Fulton County Probate Court or the appropriate county court, it controls how your assets are distributed. Without one, your partner has no legal claim to anything you own solely in your name.

However, a will alone has limits. It goes through probate, which is a public court process that takes time and costs money. A revocable living trust offers a stronger solution for many couples. Assets held in a properly funded trust pass directly to your named beneficiaries without going through probate at all. That means your partner can access funds quickly, without waiting months for a court process to conclude. For couples who own real estate near Perimeter Center or hold investment accounts, a trust can be especially valuable. Working with a trust attorney who understands Georgia law helps ensure the trust is drafted and funded correctly from the start.

Beneficiary designations on retirement accounts, life insurance policies, and payable-on-death bank accounts are equally important. These assets pass outside of your will entirely. If you named an ex-partner or a family member years ago and never updated the designation, that person collects the funds regardless of what your will says. Review every account you hold and update those designations to reflect your current partner. This one step alone can protect hundreds of thousands of dollars and make an enormous difference for the person you love.

Healthcare Directives and Powers of Attorney for Unmarried Partners

One of the most urgent risks for unmarried couples is what happens when one partner becomes incapacitated. Without legal documents in place, your partner has no automatic right to make medical decisions for you. Hospitals and healthcare providers follow a legal hierarchy when a patient cannot speak for themselves. Under Georgia law, that hierarchy starts with a legal spouse, then adult children, then parents. An unmarried partner does not appear on that list at all.

Georgia’s Advance Directive for Health Care Act, codified under O.C.G.A. Title 31, Chapter 32, created a single document that combines what used to be a living will and a durable power of attorney for healthcare. This document lets you name your partner as your healthcare agent, giving them full authority to make medical decisions on your behalf if you are unable to do so. Your agent can communicate with doctors, consent to or refuse treatment, and access your medical records under HIPAA. Without this document, your partner could be sitting in the waiting room at Northside Hospital while your parents or siblings make life-altering decisions about your care.

A financial durable power of attorney is equally critical. This document authorizes your partner to manage your bank accounts, pay your bills, handle real estate transactions, and deal with financial institutions on your behalf if you become incapacitated. Without it, your partner cannot touch your individual accounts, even to pay the mortgage on a home you share. Georgia law requires this document to be signed and properly executed to be valid. Slowik Estate Planning helps Sandy Springs couples put both documents in place so they are protected during a medical crisis, not just after death.

Estate Tax Considerations for Unmarried Couples

Married couples enjoy a major federal tax advantage that unmarried partners do not. Under 26 U.S.C. § 2056, the unlimited marital deduction allows a spouse to transfer any amount of assets to a surviving spouse free of federal estate tax. Unmarried partners receive no such deduction. Every dollar that passes from one partner to the other at death is potentially subject to federal estate tax if the estate exceeds the applicable exemption threshold.

For 2026, the federal estate tax exemption is set at a historically high level, but it is scheduled to be reduced significantly after current tax law provisions sunset. Couples with significant assets, including real estate, investment portfolios, business interests, or retirement accounts, need to plan now before that window closes. Strategies like irrevocable trusts, annual gifting programs, and life insurance trusts can help reduce the tax burden on a surviving partner. Consulting with an estate tax planning lawyer familiar with Georgia and federal law gives unmarried couples a clear picture of their exposure and options.

Georgia does not have a separate state estate tax or inheritance tax, which is one advantage for residents of Sandy Springs. But federal exposure is real for higher-net-worth couples. If you and your partner own a home in the Chastain Park area, hold business equity, or have built retirement savings over decades, a thoughtful tax strategy is part of a complete estate plan. Slowik Estate Planning reviews each couple’s full financial picture to identify the strategies that make the most sense for their specific situation.

Cohabitation Agreements and Long-Term Planning for Domestic Partners

Georgia law under O.C.G.A. Title 19, Chapter 3 governs marriage contracts and antenuptial agreements for married couples. Unmarried partners do not have the same statutory framework, but that does not mean they are without options. A cohabitation agreement is a private contract between two partners that outlines property rights, financial responsibilities, and what happens if the relationship ends or one partner dies. While it is not the same as a prenuptial agreement, it serves a similar protective function for couples who are not married.

A well-drafted cohabitation agreement can address who owns which property, how jointly purchased assets will be divided, what happens to a shared home if one partner dies, and how debts will be handled. For couples living together near Sandy Springs, Dunwoody, or Buckhead, where real estate values are high, this kind of agreement provides real financial clarity. It also reduces the risk of disputes between a surviving partner and the deceased partner’s family, which can be devastating during an already painful time.

Long-term planning for domestic partners also includes thinking about Medicaid and long-term care. Under 42 U.S.C. § 1396r-5, spousal impoverishment protections apply only to legally married spouses. An unmarried partner who needs nursing home care does not benefit from these rules, which means their assets and their partner’s assets could be treated very differently during the Medicaid eligibility process. Planning ahead with the right trust structures and asset arrangements can help both partners protect what they have built together.

If you and your partner are ready to protect each other the right way, the team at Slowik Estate Planning in Atlanta, Georgia is here to help. Reach out to an Atlanta estate planning lawyer at Slowik Estate Planning to schedule a consultation and start building a plan that reflects your relationship, your values, and your goals.

FAQs About Estate Planning for Unmarried Couples in Sandy Springs

Does Georgia recognize domestic partnerships for inheritance purposes?

Georgia does not recognize domestic partnerships for inheritance purposes. Under O.C.G.A. § 53-2-1, only legal spouses and blood relatives inherit under the state’s intestate succession laws. An unmarried partner receives nothing without a valid will, trust, or beneficiary designation naming them directly. This is true regardless of how long the couple has lived together or how committed the relationship is.

Can my partner make medical decisions for me if I am hospitalized and we are not married?

Not automatically. Georgia law gives medical decision-making authority to legal spouses first, then to other family members. Your unmarried partner has no legal standing to make healthcare decisions for you unless you have signed a Georgia Advance Directive for Health Care under O.C.G.A. Title 31, Chapter 32. This document names your partner as your healthcare agent and gives them full authority to communicate with doctors and make treatment decisions on your behalf.

What happens to our shared home if one of us dies without a will in Georgia?

If the home is titled solely in the name of the partner who dies, it passes under Georgia’s intestate succession laws to that person’s blood relatives, not to the surviving partner. If the home is held as joint tenants with right of survivorship, the surviving partner automatically inherits the full interest. How the property is titled makes all the difference. Slowik Estate Planning can review your deed and help you structure ownership to protect your partner’s right to stay in the home.

Do unmarried couples pay more in estate taxes than married couples?

Yes, in most cases. Married couples benefit from the unlimited marital deduction under 26 U.S.C. § 2056, which allows unlimited asset transfers between spouses free of federal estate tax. Unmarried partners do not qualify for this deduction. Assets transferred from one partner to the other at death may be subject to federal estate tax if the estate exceeds the applicable exemption amount. Proper planning with irrevocable trusts, life insurance, and annual gifting strategies can help reduce this exposure.

How often should unmarried couples update their estate planning documents?

At a minimum, review your estate plan every three to five years or after any major life change, such as purchasing property, having a child, changing jobs, or if your relationship status changes. Beneficiary designations on retirement accounts and life insurance policies are especially easy to overlook and should be confirmed regularly. Outdated documents can result in assets going to the wrong person entirely. Slowik Estate Planning offers consultations to help Sandy Springs couples review and update their plans as their lives evolve.

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