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What Happens If You’re Not Married? Estate Planning for Unmarried Couples in Florida


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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 married
  • Key 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

    About the Show:

    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.

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    The Legal Podcast NetworkBy dennis2q