You may have been together for decades, share a home in Miami, and consider each other family. But Florida law does not. For unmarried couples, the default rules give your partner nothing, no inheritance, no medical authority, no say. Here is how Miami couples protect each other.
If we’re not married, does my partner inherit anything?
No. Florida’s intestacy statutes (Chapter 732) recognize spouses and blood relatives, not unmarried partners, no matter how long you have been together. If you die without a will, your partner could be left with nothing while your parents or siblings inherit everything, including potentially your shared home. Florida does not recognize new common-law marriages, so longevity alone gives no rights. A will under Fla. Stat. §732.502 or a trust is the only way to provide for each other.
Can my partner make medical decisions for me?
Not automatically. In a hospital, Florida looks to a spouse or close relatives first. To give your partner that authority, you each need a designation of health care surrogate naming the other. Pair it with a living will for end-of-life wishes. Without these documents, your partner could be shut out of the room while a relative they barely know makes decisions, a heartbreaking and avoidable situation.
What about handling money if one of us is incapacitated?
A durable power of attorney under Chapter 709 is essential. Without it, your partner has no legal authority over your accounts or your share of household finances, and may have to watch a court appoint a relative as guardian. Each partner should name the other as agent, with the specific powers Florida banks require.
We own our Miami home together. Is that enough?
It depends entirely on how the title reads. If you hold title as joint tenants with right of survivorship, the property passes to the survivor automatically. If you are tenants in common, your share passes through your estate, possibly to relatives instead of your partner. Florida homestead protection under Article X, Section 4 also has special rules. Have an attorney review your deed; this is the most common and costly mistake unmarried Miami couples make.
What’s the cleanest way to leave assets to each other?
Coordinate several tools: name each other on beneficiary designations and payable-on-death accounts, use a Lady Bird (enhanced life estate) deed to pass real estate directly, and consider a revocable living trust under Chapter 736 to manage and transfer assets privately while avoiding Miami-Dade probate. Trusts are also harder for surprised relatives to contest than a bare will.
Could my family challenge what I leave my partner?
It can happen. Relatives sometimes contest gifts to an unmarried partner. A carefully drafted, properly executed estate plan, ideally including a trust and clear documentation of your intent, makes a challenge far less likely to succeed. Doing it yourself with online forms invites exactly this kind of dispute.
Does Florida tax what we leave each other?
Florida has no state estate or inheritance tax. Note that the unlimited marital deduction for federal estate tax does not apply to unmarried partners, so larger estates should plan accordingly.
Talk to a Florida attorney
For unmarried couples, nothing is automatic in Florida. Every protection must be intentionally put in place. Consult a licensed Florida estate planning attorney in Miami to make sure the person you love is the one the law recognizes when it matters.