Protecting Unmarried Partners During Estate Planning
There may be any number of reasons why a couple may not be legally married and may choose instead to cohabitate. However, this can become problematic in the event one partner dies without the proper procedures in place to protect their partner’s rights. Their partner may not be entitled to any of their property or assets following their death, and unmarried partners may find they have different protections under Florida law than married couples do. Dealing with the loss of a loved one can be incredibly difficult and emotional, and adding the stress of navigating the legal landscape can make the process even more difficult. Preparing for an event such as this can help ease the process, especially when aided by legal help. One of our expert attorneys would be happy to help you at any point during the process. You can get in contact with one of our Florida Estate Planning & Probate lawyers today at Loughlin Law, P.A. at (561) 677-8384.
What Rights Do Unmarried Partners Have?
Florida Probate Law outlines the process of dealing with a deceased person’s assets. Married partners have a range of protections that allow the couple to be treated as a single entity. However, under Florida law, unmarried couples are not entitled to the same protections. Florida also does not acknowledge common law marriage, so even long-term partnerships may not be considered legally binding. This can lead to difficulty when making decisions involving assets, property, children, and even medical care. Under Florida Statute 732.103, unmarried partners are not considered heirs, meaning that they may not have a say in determining what happens to the remainder of their partner’s life.
How Can Estate Planning Help Unmarried Partners?
Estate planning can give unmarried partners more rights following a partner’s death. Estate planning not only includes what happens to one’s property after death but can also contain final wishes, including healthcare, expenses, living arrangements, etc. According to Florida probate law, these duties are likely to be passed on to a blood relative rather than an unmarried partner unless otherwise specified.
How Can Estate Planning Affect Medical Decisions?
This can also be incredibly important in the event an unmarried partner is incapacitated and unable to make decisions for oneself. Without estate planning, a medical emergency such as this may leave important decisions in the hands of a close blood relative, whereas in a legal marriage, a spouse would assume responsibility for decision-making and be named the legal guardian.
How Can A HIPAA Release Help Unmarried Partners?
Federal privacy laws require doctors and hospitals to keep medical information confidential. However, a HIPAA privacy waiver can allow an unmarried partner access to this information. This can also be helpful in making medical decisions in the event that a medical emergency arises and an unmarried partner becomes a legal guardian.
How Can A Will Help Protect Unmarried Partners?
Because unmarried partners are not considered legal unions, the death of one partner may not entitle the other partner to any share of the property and assets. If an unmarried partner dies without a will in Florida, their property and assets may be passed to blood relatives, leaving the surviving partner with nothing. However, creating a will may help to prevent this. If you wish to pass on your property or assets to your partner, you may want to write out your wishes in a Will. An expert attorney can help with this process as well and ensure that the Will is legally binding and covers all the partner’s assets. You can contact one of our lawyers today at Loughlin Law, P.A. to learn more!
How Can Jointly Titled Property Help Unmarried Partners?
There may be a number of reasons unmarried couples may want to keep their assets separated; however, combining them may help in the event of a sudden or unexpected death. Combining assets may be another way to protect unmarried partners’ rights to property and assets. Jointly owning homes, cars, bank accounts, etc., can help protect an unmarried partner’s rights to these assets following the death of their partner, since the assets are jointly titled. These assets may not need the same protections of a will in the event of a death, either, since the assets are under both partners’ names.
How Can Family Planning Documents Help Unmarried Partners?
Family planning documents may help to place children or pets in the hands of an unmarried partner in the event of the legal guardian’s death. In this instance, custody of the children or pets may pass to an heir, as per Florida probate law. A Florida court may still issue a court order that can override the deceased’s wishes; however, a family planning document, such as a guardianship designation, may help to outline and emphasize the deceased or incapacitated partner’s wishes in regards to custody and guardianship.
When Should Unmarried Partners Begin Estate Planning?
Estate planning early on may be a good idea in order to fully protect unmarried partners’ rights following the death or incapacitation of one partner. Unexpected accidents can leave unmarried partners in a difficult position in the event of the death or incapacitation of one partner. Estate planning protects partners’ rights to make big life decisions for their unmarried partner.
Contact An Expert Attorney Today To Help You Protect Your Rights!
Estate planning can be an incredibly daunting and stressful process, but getting started early can help protect unmarried partners. Probate laws are not the same for unmarried partners, so extra steps such as the creation of a will, combining assets, and other documentation may help protect partners’ rights. At any point in the process, getting expert legal assistance can help ease minds and make any future legal processes much simpler and less frustrating. One of our expert attorneys would be happy to assist at any point in the process. You can contact one of our Florida Estate Planning & Probate lawyers today at Loughlin Law, P.A. at (561) 677-8384.
