Florida Inheritance Rights: Can I Inherit as a “Spouse” if I am not Legally Married to the Decedent?

Florida does not recognize common law marriages. However, in some circumstances,  it does recognize common law marriages from other states and countries. What does this mean? If you have lived with your loved one for fifty years, yet never legally married him or her, will he or she inherit from your Florida estate if you die without a will? You should read Florida Statute 741.211.

What is common law marriage in Florida? Does it exist? How does it affect Florida probate litigation? What does your Florida probate law firm need to know about common law marriage? The idea of common law marriage is that, if you are holding yourself out as a married couple, you may be entitled to some of the benefits of a marriage. This could include tax and/or probate benefits. The problem is that  Florida does not use common law marriages anymore. Even though Florida does not have its own common law marriage rules and/or statute it recognizes something known as reciprocity. Your Palm Beach probate litigator can tell you that this means that, in some cases, Florida will recognize a common law marriage that was created in another state. That being said, more and more states are abolishing their rules on common law marriage. The last day to enter into a common law marriage in Florida was January 1,1968.

741.211 Common-law marriages void.—

No common-law marriage entered into after January 1, 1968, shall be valid, except that nothing contained in this section shall affect any marriage which, though otherwise defective, was entered into by the party asserting such marriage in good faith and in substantial compliance with this chapter.