Understanding Inheritance Rights for Unmarried Partners in Florida
In today's world, many couples choose to live together in long-term, committed relationships without getting married. While this arrangement offers numerous lifestyle benefits, it can present significant challenges, particularly when it comes to inheritance rights in Florida.
The Legal Landscape for Unmarried Partners
In Florida, if a person passes away without a will, known as dying intestate, the state's laws dictate the distribution of their estate. Unfortunately for unmarried partners, the law does not recognize them as heirs. This means they have no automatic right to inherit any part of their partner’s estate. For example, consider George and Kimberly, a couple who have been together for 20 years. If George dies without a will, Kimberly, despite their long-term relationship, has no legal claim to his estate under Florida law.
Strategies for Protecting Each Other
Thankfully, there are several ways unmarried partners can plan ahead to ensure their wishes are honored:
Wills and Trusts: The simplest way to ensure your partner inherits your assets is through a will. A will allows you to specify exactly who should inherit your property. Similarly, creating a revocable trust can be an excellent strategy for couples. Trusts offer the added benefit of avoiding probate, which can save time and maintain privacy.
Jointly Titled Property: Owning property jointly can be a smart move for unmarried couples. Real estate titled as a joint tenancy with right of survivorship will automatically pass to the surviving partner without the need for probate. This is also true for other assets like bank accounts and vehicles.
Designating Beneficiaries: Unmarried partners should ensure that all retirement accounts, life insurance policies, and other accounts with beneficiary designations are updated to include their partner if that is their wish.
Legal Limitations and Considerations
While these tools can help mimic some of the protections married couples enjoy, there are notable limits:
Elective Share: In Florida, married individuals are entitled to an elective share of their spouse’s estate, ensuring they cannot be completely disinherited. This protection does not extend to unmarried partners.
Family Allowance: Unlike spouses, unmarried partners are not eligible for a family allowance during probate, which can provide financial support during the settlement of the estate.
Navigating the Complexity
Estate planning for unmarried couples can be complex, and the stakes are high. Without proper planning, a surviving partner may find themselves completely excluded from inheriting any assets or having any say in the affairs of their deceased partner.
Consult a Professional
Given the complexities and the high stakes involved, it's wise for unmarried partners to consult with an experienced estate planning attorney. At The Soto Law Office, we understand the unique challenges faced by unmarried couples in Florida. We're here to help you navigate these waters and ensure that your estate planning reflects your wishes and protects your partner.
If you’re in a committed relationship and want to ensure that both you and your partner’s wishes are honored, don’t hesitate to reach out. Contact us at The Soto Law Office for a personalized consultation to explore your options and put the right protections in place. Call us today at (321) 972-2279 or visit our website at www.sotolawoffice.com to learn more about how we can assist you with your estate planning needs.
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