Unmarried couples in Florida face unique estate planning challenges because the law does not automatically recognize non-marital partners. Without proper legal documents, your partner may have no legal right to make decisions or inherit from you even after years of being together.
Why Planning Is Critical for Unmarried Couples
Florida law favors spouses and blood relatives by default. If you are not legally married, your partner could be excluded from important medical decisions, financial control, or asset inheritance unless you plan ahead.
- No Inheritance Rights – Without a will or trust, your assets may go to relatives instead of your partner.
- No Decision-Making Authority – Without legal documents, your partner cannot make medical or financial decisions if you are incapacitated.
- Risk of Legal Disputes – Family members can challenge your partner’s rights without documented intent.
Essential Tools to Protect Your Partner
Estate planning can provide full legal protection for your partner. A few critical documents can establish authority and ensure your wishes are honored.
- Last Will and Testament – Names your partner as a beneficiary and personal representative.
- Revocable Living Trust – Transfers property smoothly without probate court involvement.
- Durable Power of Attorney – Grants your partner control over financial matters if needed.
- Health Care Surrogate – Legally authorizes your partner to make medical decisions on your behalf.
- HIPAA Authorization – Allows your partner to access medical information during emergencies.
Owning Property Together
If you and your partner own property together, the title should be reviewed to ensure it passes to the surviving partner. In many cases, adding “joint tenancy with rights of survivorship” or placing the property into a trust is the most effective method.
Estate Planning for Unmarried Couples in Florida: What You Need to Know
Yes. Accounts like IRAs, 401(k)s, and life insurance policies transfer based on the named beneficiary, not your will. Make sure your partner is listed on these designations to ensure they receive those assets directly.
Property should be titled as “joint tenancy with rights of survivorship” or placed in a revocable trust. This ensures that ownership automatically passes to the surviving partner and avoids probate or legal disputes.
Florida law does not automatically recognize unmarried partners. Without legal documents, your partner may have no rights to inherit assets or make decisions if you become incapacitated. Estate planning gives your partner the legal authority the state does not provide by default.
Key documents include a last will and testament, revocable living trust, durable power of attorney, health care surrogate designation, and HIPAA authorization. These give your partner the right to manage finances, make medical decisions, and inherit property.
Yes. Without formal estate planning, family members may dispute your partner’s role or inheritance. Proper legal documents prevent challenges and clearly define your intentions under Florida law.
If you die without a will, your assets will pass to your closest blood relatives under Florida intestacy law. Your long-term partner will receive nothing unless they are specifically named in your will or trust.
Beneficiary Designations Matter
Even with a strong will or trust, you must also update your account designations. Assets like retirement accounts and life insurance policies pass outside of probate based on listed beneficiaries.
- Make sure your partner is named on IRAs, 401(k)s, and bank accounts
- Review all designations after major life changes
- Keep copies for your records and your estate attorney
Example: Planning for Long-Term Partners
Michelle and Renee have lived together in Tampa for 15 years. They create mutual wills, name each other as healthcare surrogates and financial agents, and place their shared home into a revocable trust. Their plan ensures full legal protection and have titled their shared home to include rights of survivorship.
Make Your Relationship Legally Recognized
Estate planning gives unmarried couples in Florida the legal voice they are otherwise denied. With a thoughtful plan, you can protect your partner, avoid court battles, and ensure your relationship is honored when it matters most.