When you’re in a committed relationship but unmarried, estate planning often takes a back seat. After all, you might assume your partner will automatically inherit your assets if something happens to you. Unfortunately, the reality is very different under Florida law. Without a will or proper estate planning in place, your unmarried partner has no legal right to your estate.  Let’s explore what happens during probate when unmarried partners don’t have a will, why it’s critical to plan ahead, and how you can protect your loved ones and your legacy.

What Is Probate?
Probate is the legal process that takes place after someone passes away. It involves:
1. Identifying and valuing the deceased’s assets
2. Paying debts and taxes
3. Distributing the remaining assets to the heirs or beneficiaries

When there is no will, the probate court distributes assets based on Florida’s intestacy laws, which follow a strict order of inheritance. These laws do not recognize unmarried partners, no matter how long you’ve been together.

What Happens to Your Assets Without a Will?
If you pass away without a will in Florida, your assets will be distributed according to the state’s intestacy laws. Here’s how it works:

• Spouse and Children: If you have a legal spouse or children, they are the first in line to inherit.
• Parents: If you’re unmarried with no children, your parents will inherit your estate.
• Siblings: If your parents are no longer alive, your siblings and their descendants are next in line.
• Extended Relatives: After siblings, more distant relatives may inherit.

Unmarried partners are not included in this hierarchy. This means that even if you’ve lived with your partner for decades or considered them your “life partner,” the law will not grant them any share of your estate unless you have a valid will or trust.

Challenges Your Partner May Face Without a Will

• No Right to Shared Property
  If your name alone is on the title of your home, car, or other shared assets, your partner could lose access to these assets. Without a will specifying that they should inherit these items, your property could go to distant relatives or even be sold off during probate.
• No Say in Medical or Financial Decisions
  Without proper estate planning, your partner may have no legal authority to make medical or financial decisions for you if you become incapacitated. These decisions would instead fall to your closest legal relative, regardless of your partner’s knowledge of your wishes.
• Potential Family Disputes 
  In the absence of a will, your family members may contest your partner’s rights to sentimental items, financial accounts, or even personal belongings. These disputes can strain relationships and lead to lengthy court battles.

Why Estate Planning Is Essential for Unmarried Partners 
Estate planning gives you control over what happens to your assets and ensures your partner is protected. Here are some key steps to take:

• Create a Will 
  A will is the foundation of any estate plan. It allows you to:
  – Specify who inherits your assets, including your partner.
  – Name an executor (the person who manages your estate during probate).
  – Outline your wishes for guardianship if you have minor children.
• Establish a Trust 
  A trust is an excellent option for unmarried partners who want to:
  – Avoid probate entirely.
  – Provide immediate access to assets for your partner.
  – Protect your assets from creditors or family disputes.
• Update Beneficiary Designations 
  Many assets, such as life insurance policies, retirement accounts, and payable-on-death bank accounts, allow you to name a beneficiary. Naming your partner ensures they receive these assets directly, bypassing probate.
• Draft a Durable Power of Attorney 
  This document gives your partner the legal authority to make financial decisions on your behalf if you’re incapacitated.
• Create a Health Care Surrogate Designation
  This allows your partner to make medical decisions for you if you cannot communicate your wishes.
• Joint Ownership and Transfer-on-Death Designations 
  For certain assets, you can add your partner as a joint owner or designate them to inherit the asset upon your death. This is especially useful for bank accounts and real estate.

Special Considerations for Florida Residents
Florida’s laws can be particularly tricky for unmarried couples. Here are some points to keep in mind:

• Homestead Property: If you own a home that qualifies as a homestead and you pass away without a will, the property may not automatically go to your partner. It will typically go to your legal heirs, such as children or parents.
• Tenants in Common vs. Joint Tenancy: If you and your partner own property together as tenants in common, your share will go to your heirs, not your partner, unless you have a will. Opting for joint tenancy with rights of survivorship can avoid this issue.

How The Legacy Law Firm Can Help 
At the Legacy Law Firm, we understand the unique challenges unmarried partners face when it comes to estate planning and probate. Our experienced team is here to guide you through every step of the process, ensuring your partner is protected and your wishes are honored.

We offer a range of services, including:
– Drafting wills and trusts tailored to your needs.
– Advising on beneficiary designations and joint ownership strategies.
– Assisting with probate administration to navigate complex cases.
– Creating durable powers of attorney and health care surrogate documents.

Real-Life Example: A Cautionary Tale

Consider this scenario: Sarah and James were in a committed, unmarried relationship for 20 years. James owned their home, but they never discussed estate planning. When James passed away unexpectedly, his estate went into probate. Without a will, his estranged brother inherited the home, forcing Sarah to move out. This painful situation could have been avoided with a simple will or trust naming Sarah as the beneficiary.

Don’t let uncertainty jeopardize your partner’s future.

Take Action Today | Call and Estate Planning Attorney Near You

If you’re in a committed but unmarried relationship, estate planning isn’t just a good idea—it’s essential. Protect your partner, avoid unnecessary stress, and ensure your legacy reflects your wishes. Contact The Legacy Law Firm today at (954) 999-9683 to schedule a consultation. Our team of compassionate estate planning professionals is here to help you create a plan that gives you and your partner peace of mind. Don’t wait—secure your future today!