Episode Summary
In this episode, Andy breaks down one of the most overlooked estate planning topics—what happens when an unmarried partner passes away in Florida. Many couples live together without realizing that, under state law, they have no automatic legal rights to their partner’s assets, healthcare decisions, or property. Andy explains why proper planning is essential, the risks of not doing so, and the key legal documents every unmarried couple needs to protect each other.
What You Will Learn in This Episode
Why Florida does not recognize common law marriage
What happens legally when one partner passes away without a will
The importance of wills, trusts, and proper titling of assets
How durable power of attorney and healthcare surrogate forms work
The biggest mistakes unmarried couples make in estate planning
What a domestic partnership agreement can (and can’t) do in Florida
Steps to take if you’re living with a partner but not legally marriedKey Timestamps
00:00 – Florida’s stance on common law marriage
02:00 – What happens if an unmarried partner dies without a will
04:30 – How to use wills and titling to protect your partner
07:00 – The role of power of attorney and healthcare surrogate documents
09:00 – Common estate planning mistakes unmarried couples make
13:00 – How to update legal documents when relationships change
15:00 – Understanding domestic partnerships in Florida
17:00 – Andy’s advice: why you need to plan today, not tomorrow
If You Don’t Plan, You Are Stupid! is a podcast hosted by estate planning attorney Andy Rosenberg. Each episode helps Florida families better understand how to protect their legacy, minimize legal complications, and ensure smooth transitions for their loved ones. With clarity, humor, and expertise, Andy explains topics like probate, trusts, guardianships, and wills.