If you and your partner haven’t tied the knot, you should understand the importance of planning your estate with them in mind. Unfortunately, many people are under the assumption that this process is only necessary for those married with children or the elderly. However, this is far from the truth. In reality, estate planning is of the utmost importance if you are unmarried and have a partner you want to care for upon your passing. If you’re still not sure why this is critical, keep reading. You’ll learn what can happen to your partner if you pass without a plan and how Tampa estate planning lawyers can help you navigate this process to ensure your wishes are honored.
Why Is It Important for Unmarried Couples to Have an Estate Plan?
When you are in a long-term, unmarried relationship, you understand that you may not have the same legal benefits as your married counterparts. Being unmarried means more than filing taxes separately and having your own insurance. Because you are not legally married to your partner, they have no legal rights to your property or to act on your behalf should you become incapacitated.
If you pass away without a will, the state of Florida will assume control of your estate before distributing your assets in accordance with the “intestate line of succession.” Essentially, family members and next-of-kin are in line to receive your property, even if you haven’t spoken to them in years. However, if you create an estate plan, you can name your partner as the beneficiary of these assets.
Another substantial consideration you should make regards your healthcare. If you become incapacitated or unable to express your wishes for treatment, your next of kin will be contacted to make decisions about your healthcare on your behalf. As such, your partner will not have any legal standing to advocate on your behalf because you are unmarried. Instead, you run the risk of a distant or estranged family member holding the power to make these decisions. However, by granting them medical power of attorney, they will have permission to make these decisions for you.
How Do I Create an Estate Plan?
If you are ready to create an estate plan, the first thing you should do is connect with an experienced attorney. Unfortunately, any assume they can navigate this process on their own due to the large number of “do-it-yourself” documents available. However, these forms are often not state-specific, meaning certain language in the document may render your will invalid in Florida. Additionally, if you do not complete the forms correctly, they likely will not be honored.
Instead, working with an experienced attorney is in your best interest. When you meet with your lawyer, you can explain your wishes, and they will work with you to create an estate plan that represents your best interest.
When you’re ready to start this process, the team at Tampa Law Group is here to help. Our firm will do everything possible to make estate planning easy so you can rest assured that your loved ones and assets are cared for. Contact our firm today to discuss your circumstances.
