As you should be aware, in Florida there’s no legally recognized “common law marriage.” So, if certain things are your belongings, then they shouldn’t be in his estate. Upon death, the personal representative (which may or may not be appointed in the will), will have the duty of distributing the estate according to the will. Whether the PR does it on his or her own or with the help of a probate attorney, the assets of the estate will be determined and then distributed according to the will. If the assets (even furniture) to which he has ownership and isn’t not mentioned specifically, the PR may distribute it according to the various values or may liquidate the estate and distribute the proceeds according to the will’s directive distributions. So, how do you protect your belongings you’ve shared with your boyfriend after death? The issue comes down to ownership of the assets you share (and it can get more complicated than it may seem). Speaking generally, under Florida law, you and your boyfriend are really just friends that live together (and that’s what makes it complicated). Honestly, the issues that could arise and how best to deal with them are a bit too complicated to answer in a short post. I would highly suggest making an appointment with a wills/estate planning attorney to discuss the situation and determine how best to create a plan.
Answered on Feb 12th, 2014 at 5:12 PM