Living together without a marriage license is increasingly common in Boca Raton, from young professionals near Mizner Park to retired couples in the gated communities west of town. But Florida law treats unmarried partners as legal strangers. Here are the questions we hear most often.
If I die without a will, does my partner inherit anything?
No. Florida’s intestacy statute (Chapter 732) distributes assets to a surviving spouse, children, parents, and other blood relatives in a fixed order. An unmarried partner is not on that list, no matter how many years you shared a home. Without a will or trust naming your partner, your estate could pass to relatives you barely speak to while your partner receives nothing.
Can I just leave everything to my partner in a will?
Largely, yes. A valid Florida will under section 732.502 must be signed by you and two witnesses, all present together. You can name your partner as the primary beneficiary. One important catch: Florida homestead. Under Article X, Section 4 of the Florida Constitution, homestead property has special protections and devise restrictions, but those restrictions mainly apply when there is a spouse or minor child. An unmarried person with no minor children generally has more freedom to leave the homestead to a partner, though the rules are technical and worth confirming with counsel.
What about a revocable living trust?
A revocable trust under Chapter 736 is often the cleaner tool for unmarried couples. It keeps the transfer private, avoids probate delay, and lets you spell out exactly what your partner receives and when. For Boca couples who own a condo together plus brokerage accounts, a trust can hold those assets and pass them seamlessly without a courthouse filing.
Who can make medical decisions if I’m incapacitated?
This is where unmarried couples are most exposed. Without documents, a hospital may turn to your legal next of kin, not your partner. You need a designation of health care surrogate and a living will so your partner can speak for you. Pair these with a durable power of attorney under Chapter 709 so your partner can handle finances if you cannot. Florida’s durable POA must be signed before a notary and two witnesses, and it should clearly grant the powers your partner will need.
Do beneficiary designations override my will?
Yes, and this trips people up. Retirement accounts, life insurance, and payable-on-death bank accounts pass by their beneficiary form, not your will. If an old form still names a parent or former partner, that controls. Review every account and name your current partner where appropriate.
Should we own our Boca home jointly?
Possibly. Unmarried co-owners cannot hold property as tenants by the entirety (that form is reserved for spouses), but you can take title as joint tenants with right of survivorship so the survivor automatically owns the whole property. A Lady Bird (enhanced life estate) deed is another option that lets you keep control during life and pass the home outside probate. Each approach has trade-offs for taxes and creditor exposure, so map it out before signing.
A note on Florida taxes
Good news: Florida has no state estate or inheritance tax. Your planning focuses on control, probate avoidance, and protecting your partner, not on a state death tax.
Talk to a Florida attorney
Because unmarried partners have no automatic rights under Florida law, the documents you sign are everything. This article is general information, not legal advice. A licensed Florida estate planning attorney familiar with Palm Beach County practice can tailor a plan that actually protects the person you live with.
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For more on our Florida practice, see our overview of estate planning in Palm Beach. Morgan Legal Group's affiliated New York office also handles .