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Florida Domestic Partnership Archives

My long term boyfriend passed without a Will, what are my rights to his things?

Florida does not recognize common law marriage; meaning you live with a person for a certain number of years so they would then receive the rights of a married couple. If you do not have a partnership agreement (same sex and opposite sex cohabitating couples may obtain) a will, or a legal marriage you will not be entitled to your partners belongings upon their death. Stereotypically, families in mourning from the loss of a loved one do not think rationally, and your grieving as a partner sometimes goes unnoticed, or seems unimportant, especially when assets are involved. If you want to be sure that you and your partner are protected against family members in the unfortunate situation where one of you dies, it is best to have a will, or a partnership agreement. These are legal documents that can decrease a lot of stress during the time of sorrow. No one is too young to get a will, you never know what your future holds, and if you have a particular person or organization that you want to have your personal belongings or your cash, you should have a will. For more information on obtaining a will or a partnership agreement you can contact the attorneys at Schwam-Wilcox & Associates by calling 407-245-7700, or by sending an e-mail to info@cbswlaw.com or visiting our website at www.cbswlaw.com. Home Office: Orlando

Florida Domestic Partnership Agreements

  Florida Domestic Partnership Agreements are up and coming in the state of Florida. Same Gender Marriages are still not legal in Florida; therefore, in order to protect the financial interests of both partners entering into a relationship, a Florida Domestic Partnership Agreement may be their best course of action. Generally these provisions would include joint ownership of real estate, how gifts will be split in the event of the couple separating, and all other issues that would fall under equitable distribution in a dissolution action. Domestic partnerships are generally put forth with gay, lesbian, bi-sexual and transgender couples. However, if heterosexual couples wish to live together without marriage, and want to protect certain financial interests, a Domestic Partnership Agreement may be their best option. The State of Florida does not legally recognize domestic partnerships as valid, meaning there is not common law marriage (two people residing together for a certain period of time) or same gender relationships. The benefits awarded to a married couple are far more than what is extended to a couple in a domestic partnership agreement if it only addresses assets. Benefits that are automatic with married couples and often left out of Domestic Partnership Agreements include the ability to make healthcare and funeral arrangements, visitation rights in healthcare facilities, and the right to be notified in a life-threatening situation. Other document tools such as a will, power of attorney, living will, and health care surrogate are all part of the Domestic Partnership Agreements that are prepared at Camy B. Schwam-Wilcox, P.A. to make sure our clients are fully protected to the best of our ability with what the law permits. For more information on this topic go to www.cbswlaw.com