Estate Planning for Unmarried Couples in Florida | Cuzmar Law

Estate Planning for Unmarried Couples in Florida - The Basics You Should Know About

Planning your estate is crucial—especially if you’re in a committed relationship but not legally married. While Florida recognizes certain rights for spouses under state law, unmarried couples don’t automatically enjoy those same protections. Without a proper estate plan, your partner could be left out of medical decisions, financial access, or even lose your shared home.

At Cuzmar Law, we help couples like yours build legally sound plans that honor your relationship, protect your assets, and give you peace of mind—no marriage certificate required. We've worked with dozens of clients in similar circumstances, and we've seen firsthand how vital these protections are.

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Why Estate Planning Matters for Unmarried Couples

In Florida, if you pass away without a will or trust, the Florida intestacy laws (Fla. Stat. §732.102) determine how your assets are distributed—and unmarried partners don’t make the list.

That means:

• Your partner could be left with nothing.
• They may be forced to leave the home you shared.
• They won’t have automatic authority to make medical or financial decisions if you’re incapacitated.

These outcomes can be avoided with proper planning. Estate planning is not just about assets—it’s about protection, dignity, and legacy. For unmarried couples, it’s a powerful declaration of commitment and mutual responsibility.

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Key Estate Planning Documents for Unmarried Partners

1. Last Will and Testament

A foundational document that ensures your assets go to your chosen beneficiaries—not distant relatives by default. A will allows you to:

• Name your partner as a primary or contingent beneficiary
• Appoint them as your personal representative (executor)
• Provide for any children or pets
• Designate alternate beneficiaries in case circumstances change

2. Revocable Living Trust 

This trust allows you to control your assets during life and automatically transfer them to your partner upon death. Benefits include:

• Avoiding probate
• Ensuring privacy
• Enabling quicker access to funds and property
• Planning for incapacity and long-term care

It’s especially useful if you and your partner co-own property or want to avoid complex legal hurdles.

3. Durable Power of Attorney

This document authorizes your partner to handle financial matters, including:

• Paying bills
• Managing investments
• Handling real estate
• Dealing with legal and tax matters

4. Health Care Surrogate Designation & HIPAA Authorization

Without these, your partner might be sidelined during medical emergencies. These documents:

• Allow them to make health decisions on your behalf
• Grant access to your medical records
• Avoid confusion or conflict with family members

5. Living Will

Spells out your end-of-life care preferences, including life support and resuscitation. This:

• Relieves your partner of making emotionally difficult decisions
• Avoids conflicts among family members

6. Beneficiary Designations

Review and update these regularly to reflect your current relationship. Consider:

• Life insurance policies
• Retirement accounts (IRAs, 401(k)s)
• Payable-on-death (POD) bank accounts
• Transfer-on-death (TOD) investment accounts

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Real-Life Examples

Without Planning: A Costly Legal Battle

A Florida client who had been with his partner for 20 years passed away unexpectedly. His house, held solely in his name, became subject to probate. Since there was no will or trust, his estranged relatives inherited everything, forcing his partner to vacate and battle in court just to retrieve personal belongings.

With Planning: Seamless Transition

In another case, a couple created a revocable trust and coordinated beneficiary designations. When one passed, the partner took over as trustee without delay. The home, bank accounts, and personal property smoothly transitioned without court involvement.

Proactive Planning: Peace of Mind

Another couple with shared business interests put durable powers of attorney and health care directives in place. When one became temporarily incapacitated, the other was able to manage the business, pay staff, and make medical decisions without interruption.

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Common Estate Planning Goals for Unmarried Couples

Many couples come to us with one or more of the following goals:

• Avoiding Probate: To save time, money, and stress
• Protecting Shared Assets: Especially real estate, vehicles, or joint accounts
• Assigning Legal Authority: For health care and financial decisions
• Preventing Family Disputes: Avoiding conflicts with unsupportive relatives
• Providing for Dependents: Including pets, children from prior relationships, or aging parents

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How Cuzmar Law Helps

At Cuzmar Law, we understand that no two couples are the same. That’s why we take the time to get to know your goals, your values, and your concerns. Our personalized process includes:

• A thorough intake and strategy session
• Explanation of each recommended document and its purpose
• Custom drafting of wills, trusts, and powers of attorney
• Help with retitling assets and aligning beneficiary designations
• Follow-up reminders and plan maintenance support

We prioritize clarity and empathy. We know this isn’t just paperwork—it’s your life and legacy. Let us help you make sure it’s protected.

Schedule Your Free Consultation

Don’t wait until an emergency or unexpected loss forces your partner into a legal battle. Take control now and secure peace of mind for both of you. Book a free consultation with Cuzmar Law today to start building a plan that reflects your commitment—even if you’re not married.

Serving clients across Florida with trusted, relationship-based estate planning.

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