Estate Planning for the Engaged Couple

Dan McKenzie • November 21, 2023

Are you engaged to be married soon? Congratulations! It’s an exciting time; understandably, you want to start building a life together with your partner. However, it’s important to remember that until you are married, you don’t have any legal right to each other’s assets in the event of death or incapacity. If something happens to one of you, the other could find themselves in a difficult situation.


Many people start buying significant assets together during their engagement, such as a house and cars, and they combine bank accounts. Although, understandably, they want to start gaining the efficiencies that come with two people contributing towards these purchases, becoming financially dependent on someone you are not married to and don’t have any contractual relationship with can be risky. Here are some reasons why:


  • Lack of legal protection: Until you are married, you have no legal right to each other’s assets in the event of death or incapacity. If something happens to one of you, the other could find themselves in a difficult situation. For example, you could co-own your house with people who would have been your in-laws.
  • No contractual relationship: When you get married, you enter into a contractual relationship that provides certain legal protections. Until then, you don’t have any contractual relationship with your partner. This means you could be left without legal recourse if something happens.
  • Financial risk: Becoming financially dependent on someone to whom you are not married can be a risky thing to do. You could have a difficult financial situation if something happens to your partner. For example, you could be left with a mortgage payment you can’t afford alone.


For these reasons, thinking about estate planning during your engagement is essential. Estate planning is planning what happens to your assets in the event of your death or incapacity. An estate plan is critical to ensure your assets are distributed according to your wishes.


Here are some steps you can take to start the estate planning process if you are combining finances with someone to whom you are not married:


  1. Create a will: A will is a legal document that outlines how you want your assets to be distributed after your death. It’s essential to have a will in place to ensure that your assets are distributed according to your wishes.
  2. Create a power of attorney: A power of attorney is a legal document that gives someone else the authority to decide on your behalf if you become incapacitated.
  3. Create a living will: A living will is a legal document that outlines your wishes for medical treatment if you become incapacitated.


By taking these steps, you can ensure that your assets are protected and that your wishes are carried out during your death or incapacity. Congratulations again on your engagement, and best of luck with your estate planning!


What next?

If you think it might be time to think through your estate plan, you can:


  1. Call us at 720-821-7604 to schedule an "Attorney Evaluation Session," to determine whether our firm would be a good fit for your needs. Or fill out our contact form to have us call you.
  2. Visit our estate planning page to learn how proactively thinking through your estate plan can protect you and your family, minimize hassle, lower the chance of family discord, and minimize or eliminate taxes.
  3. Learn more by reading our blog or watching our videos.


Two people chatting at a small outdoor café table, with coffee cups and a red brick wall behind them
September 22, 2026
Can a will expire in Colorado? Learn how older wills remain valid, when to update an estate plan, and how The McKenzie Law Firm, LLC assists Centennial residents.
By Dan McKenzie • September 15, 2026
Losing a loved one is overwhelming, and many families are surprised to learn that financial matters can freeze instantly after a passing. When a person dies, their legal financial identity stops immediately. This means they can no longer hold property, sign agreements, or authorize payments. Even if you hold a power of attorney—a legal document allowing you to make decisions on someone’s behalf while they are alive—that authority ends the moment they pass away. Families across the Denver metro area are often caught off guard when trying to access funds to pay for immediate expenses.
By Dan McKenzie • September 14, 2026
Learn what happens if your main beneficiary can’t inherit your assets and discover the common will mistakes Denver families should avoid to protect their estate.
By Dan McKenzie • September 14, 2026
Discover what happens if a trustee misuses funds in Colorado. Learn about trustee personal liability, legal consequences, and how to protect family trust assets.,
By Dan McKenzie • September 1, 2026
Wondering if you can use a deceased parent’s debit card to pay their final bills? Learn why doing so can cause legal trouble and how proper estate planning helps.
By Dan McKenzie • September 1, 2026
Think writing a will keeps your estate out of court? Learn why a will does not avoid probate in Colorado and how proper planning protects your family’s legacy.
By Dan McKenzie • August 29, 2026
Learn what documents you need for medical incapacity in Colorado, including medical powers of attorney and living wills. Contact The McKenzie Law Firm, LLC today.
By Dan McKenzie • August 28, 2026
Learn how to choose a successor trustee for your Colorado estate plan. Discover key tips to protect your family and manage assets smoothly in the Denver metro area.
By Dan McKenzie • August 27, 2026
Discover why a residuary clause in a will is essential to protect unlisted assets like homes and retirement accounts from probate court in Colorado.
By Dan McKenzie • August 26, 2026
Discover the essential powers of a successor trustee in Colorado, from managing investments to covering healthcare costs, and how to protect your family's assets.