Famed actor Ray Liotta’s fiancee, Jacy Nittolo, shared a touching tribute to the movie star after his sudden death May 26. However, because the couple was still unmarried, she likely will not get to share his estimated $14 million estate. It is a lesson worth noting for all unmarried couples – you need to create a proper estate plan to make sure your sweetheart is protected when you pass away.
While no one likes to think about death or incapacity, these situations often arise unexpectedly. Estate planning is not just about deciding who receives your property after you’re gone. It’s about ensuring the people you love are protected during life’s most difficult moments. For unmarried couples, failing to prepare can have devastating emotional and financial consequences, regardless of how long you’ve been together or how committed your relationship may be.
By all accounts, Liotta and Nittolo were meant for each other. Celebrated for tough-guy roles in movies like Goodfellas and Something Wild, Liotta, in real life, was said to be more like the kind-hearted characters he played in Field of Dreams and Dominick and Eugene. Nittolo fell for him soon after his daughter, Karsen Liotta, introduced them. Though they reportedly were headed to the altar, they had not been together long enough for California’s community property laws to protect Nittolo’s interest in her fiance’s estate.
Unfortunately, this situation is not unique to celebrities. Thousands of unmarried couples across the country assume that because they share a home, finances, and a life together, the law will automatically recognize their relationship. In many states, that assumption is simply incorrect. Without the proper legal documents, surviving partners may find themselves excluded from inheritance, financial accounts, and even important healthcare decisions.
Protection Offered in Florida
Florida offers no such protection no matter how long partners have been together…or lived together. It is critical for couples in this state who spend their lives together to make estate planning a priority. If you are one of the many couples who have chosen not to get married but to live together as committed partners, it is even more important to set up a plan for when one of you passes away or becomes mentally or physically incapacitated.
Many people mistakenly believe that “common law marriage” automatically applies after living together for several years. Florida does not recognize new common law marriages, meaning unmarried partners generally do not receive the same legal protections as married spouses. This makes proactive estate planning one of the most important gifts you can give each other.
This should not only include the inheritance of financial assets like money and real estate. A proper estate plan will also give each of you the power to make important financial and healthcare decisions if the other person is very ill or incapacitated.
Here are six essential ways unmarried couples can protect themselves legally and financially with the help of a good estate planning attorney:
1) Joint real estate property
If one of you owns a home or any other real estate, make sure it is in both of your names and owned as joint tenants with rights of survivorship. This last part is crucial. A joint tenancy with right of survivorship states that when one joint tenant passes away, their interest in the property automatically passes to the survivor joint tenant (to the surviving partner’s name) by operation of law with no paperwork or probate (court-supervised inheritance process) required.
Without this type of ownership, the deceased partner’s share could instead pass according to their Will or, if they have no Will, under Florida’s intestacy laws. That could leave the surviving partner unexpectedly sharing ownership with the deceased partner’s relatives or even losing the home altogether.
2) Name each other as beneficiaries
On financial accounts such as bank accounts, stock accounts, life insurance policies, retirement plans, etc. Upon one’s death, all their interests in these financial accounts will be distributed to the beneficiary named on the account.
It is equally important to review these beneficiary designations regularly, especially after significant life events such as purchasing a home, changing jobs, or opening new investment accounts. An outdated beneficiary designation could unintentionally leave assets to an ex-partner or another unintended recipient.
3) Create a document called a “Durable Power of Attorney” for each of you.
If one cannot make their own legal or financial decisions or handle such transactions due to extremely poor health or incapacity, the other will be granted authority to handle your legal or financial matters.
This document can allow your partner to pay bills, manage investments, communicate with financial institutions, and protect your assets during a medical emergency. Without it, obtaining legal authority may require a court-appointed guardianship, which can be both costly and time-consuming.
4) Set up a Living Will and Healthcare Proxy
Set up a “Living Will” and “Healthcare Proxy a.k.a. “Designation of Health Care Surrogate” for each of you. If one cannot make their medical decisions due to extremely poor health or incapacity, the other will be granted authority to decide healthcare decisions. Such as obtaining medical records, giving permission for medical procedures, obtaining a second physician’s opinion, etc.
These documents also give you the opportunity to express your wishes regarding life-prolonging treatment, pain management, and end-of-life care. Having these conversations in advance can relieve your loved ones of uncertainty during already stressful circumstances.
5) Include each other in your Last Will and Testament (“Will”).
You can name your beneficiaries, the guardians for any minor children. And the Personal Representative who will execute the terms of the Will. Partners should consider naming each other as Personal Representatives and beneficiaries. Otherwise immediate family members of the decedent will get priority over the surviving partner.
A properly drafted Will also reduces confusion and can minimize disputes among family members. While a Will alone does not avoid probate, it clearly communicates your intentions and provides guidance for administering your estate according to your wishes.
6) Establish a Revocable Trust.
For unmarried partners, this can be done by creating one joint Revocable Trust or each partner creating their own Trust. A Trust will help to bypass the probate process. Which is a lengthy court-supervised process required to distribute assets (where there is no Trust in place). If you own real estate, speak to an estate planning attorney. Understand the huge benefits of having a Revocable Trust.
In addition to avoiding probate, a Revocable Trust offers greater privacy. Because, unlike probate proceedings, Trust administration is generally not part of the public court record. Trusts can also simplify the management of assets. If you become incapacitated and provide a smoother transition for your loved ones after your passing. Depending on your circumstances, they can be one of the most effective estate planning tools available.
Estate planning is not reserved for the wealthy or the elderly. Every adult, especially those in long-term unmarried relationships can benefit from having the proper legal documents in place. Whether you have recently purchased your first home together, started building savings, or simply want peace of mind. Knowing your partner will be protected, taking action today can prevent significant legal and financial complications tomorrow.
A marriage certificate cannot protect your love, but it does grant many benefits to a surviving spouse. Absent a marriage certificate, the only way to make sure your honey is taken care of. Upon your death is to create a properly executed estate plan (this means no handwritten Wills!!). Contact OC Estate & Elder Law at (954) 251-0332 or info@ocestatelawyers.com to get started with a free phone consultation. Our attorneys are fluent in English, Spanish, and Russian.
