Brooklyn is full of committed couples who share a Park Slope apartment or a Bushwick lease but have chosen not to marry. New York law does not recognize common-law marriage, and intestacy rules give an unmarried partner exactly zero inheritance rights. If you want your partner protected, you have to build that protection document by document. Here is the checklist.
Understand the Default Rule First
Under EPTL Article 4, when someone dies without a will, assets pass to a legal spouse and blood relatives. A partner of twenty years is a legal stranger. Without planning, your partner could be excluded from your estate and even shut out of medical decisions by family members. Everything below exists to override that default.
The Essential Documents
- A will executed under EPTL 3-2.1 naming your partner as a beneficiary and, if you wish, as executor.
- A durable power of attorney on New York’s statutory form (GOL 5-1513) so your partner can manage finances if you cannot.
- A health care proxy under Public Health Law Article 29-C naming your partner as your medical decision-maker, since hospitals will otherwise turn to blood relatives.
- HIPAA authorizations so your partner can access your medical information.
Address the Brooklyn Apartment
Housing is often the biggest issue. If you own a co-op or condo together, check how title is held. Property held as joint tenants with right of survivorship passes automatically to the survivor and avoids Surrogate’s Court. Property held as tenants in common does not, so each owner’s share follows their will. If only one partner is on the lease or deed, plan deliberately for what happens to the other’s right to stay.
Coordinate Beneficiary Designations
Retirement accounts, life insurance, and payable-on-death bank accounts pass by designation, completely outside your will. These are powerful tools for unmarried couples because they transfer directly to your partner without probate. Name each other where appropriate and keep contingent beneficiaries current.
Consider a Revocable Living Trust
A revocable trust under EPTL Article 7 lets you hold assets jointly, provide for your partner, and avoid the publicity and delay of Kings County Surrogate’s Court probate. It does not reduce estate tax. Note that unmarried couples lose the unlimited marital deduction married couples enjoy, so the 2026 New York exclusion of $7,350,000, with its cliff at $7,717,500, deserves attention if either of you has significant assets.
Plan for Children From Prior Relationships
If either partner has children, be explicit. Decide what each child receives versus what the surviving partner receives, and put it in writing. Silence invites disputes that can land in Surrogate’s Court.
Review After Major Changes
Buying property together, having a child, or one partner leaving a job should trigger a fresh look at your documents and designations.
A Note Before You Proceed
Unmarried couples face planning gaps that married couples do not, and the right structure depends on your assets, your housing, and your family. This is general information, not legal advice. Consult a qualified New York estate planning attorney to protect each other properly.
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