Estate Planning for Unmarried Couples in Florida

This is one of the most important — and most overlooked — situations in estate planning. If you and your partner aren't married, Florida law treats you as legal strangers, no matter how many years you've shared a home and a life. Without the right documents, your partner can be left with nothing and locked out of decisions when it matters most.

What Florida law does NOT give an unmarried partner

• Inheritance. If you die without a will, Florida's intestacy laws pass everything to relatives — not your partner.
• Medical decisions. Without a health care surrogate, hospitals turn to spouses and family — your partner may have no say, and may even be kept from the room.
• Financial authority. Without a power of attorney, your partner can't manage your affairs if you're incapacitated.
• Your home. A home titled only in your name doesn't automatically pass to a partner.

The documents that fix it

The good news: a complete plan solves all of this.

• A will or living trust naming your partner — so they actually inherit what you intend.
• Updated beneficiary designations on accounts and life insurance.
• A health care surrogate so your partner can make medical decisions and be at your side.
• A durable power of attorney so they can act for you financially.
• The right home titling — joint ownership, a lady bird deed, or trust ownership — so your home passes to your partner.

Don't leave it to chance

For unmarried couples, estate planning isn't optional fine print — it's the only thing standing between your partner and being shut out. A Florida-specific plan covers all of these documents in about 20 minutes, with the option for a Florida attorney to review it.

This article is attorney advertising and general information only — not legal advice, and it does not create an attorney-client relationship. Consult a licensed Florida attorney about your situation. Arthur Simpson, Esq. is licensed in Florida (Bar #529265). No particular result is guaranteed.