Unmarried couples in Hillsborough County have no automatic inheritance rights or legal protections that married couples enjoy, making comprehensive estate planning essential for protecting your partner and your shared future. Without proper planning, your longtime companion could face significant legal and financial challenges if you become incapacitated or pass away, regardless of how long you’ve been together or how committed your relationship is.
Why Unmarried Couples Need Special Planning
Florida law does not recognize common law marriages or provide automatic rights to unmarried partners. This means your partner has no legal standing to make medical decisions for you, access your assets during incapacity, or inherit from your estate without specific legal documents in place.
Even couples who have been together for decades face these challenges. Your biological family members would typically have priority in making decisions, and state intestacy laws would distribute your assets to relatives rather than your chosen partner.
Essential Documents for Unmarried Couples
Wills and Beneficiary Designations: Creating a will that specifically names your partner as a beneficiary is crucial for ensuring they inherit according to your wishes. Additionally, updating beneficiary designations on retirement accounts, life insurance policies, and bank accounts ensures these assets pass directly to your partner outside of probate.
Durable Powers of Attorney: A financial power of attorney allows your partner to manage your finances, pay bills, and handle business matters if you become incapacitated. Without this document, they would have no authority to access your accounts or manage your affairs during a medical crisis.
Healthcare Documents: A healthcare agent designation gives your partner the legal authority to make medical decisions on your behalf. Combined with a living will that outlines your treatment preferences, these documents ensure your partner can advocate for your care according to your wishes.
HIPAA Authorization:Â This often-overlooked document allows healthcare providers to share your medical information with your partner, enabling them to stay informed about your condition and treatment options.
Property Ownership Considerations
How you title property significantly impacts what happens when one partner dies. Joint ownership with rights of survivorship ensures property automatically transfers to the surviving partner. However, this approach requires careful consideration of tax implications and creditor protection issues.
For Brandon, Riverview, Fish Hawk, and Lithia couples, Florida’s homestead laws create additional planning opportunities and challenges that require professional guidance to navigate effectively.
Trust Planning for Enhanced Protection
Revocable living trusts can provide excellent protection for unmarried couples by avoiding probate, maintaining privacy, and ensuring seamless asset management during incapacity. Trusts also offer flexibility in structuring distributions and can include provisions for both partners’ children from previous relationships.
Addressing Family Dynamics
Unmarried couples often face unique challenges with adult children or other family members who may not support their relationship. Proper estate planning can help prevent family disputes and ensure your wishes are respected, even if relatives disapprove of your choices.
Clear documentation of your intentions, combined with proper legal procedures, helps protect against potential challenges to your estate plan.
Taking Action to Protect Your Partnership
Estate planning for unmarried couples requires careful attention to details that married couples take for granted. The good news is that with proper planning, you can create comprehensive protection that ensures your partner is cared for and your wishes are honored.
Ready to protect your partnership with comprehensive estate planning? Contact our experienced team at the Law Offices of Laurie E. Ohall at (813) 438-8503 to schedule a consultation. As a Florida Board Certified Elder Law attorney serving Brandon, Riverview, Fish Hawk, and Lithia families, I help unmarried couples create estate plans that provide security and peace of mind for their unique situations.