Estate Planning for Florida Same-Sex Couples

If a person dies without a will or becomes incapacitated without a power of attorney or health care surrogate, the state will make certain assumptions about what should happen. In the past, those assumptions were not favorable to same-sex couples. Much has changed now that Florida recognizes same-sex marriages. However, same-sex couples still need estate planning, just as any other couple does.

At The Law Office of Nicole C. Morris, P.A., in Palm Beach Gardens, our attorneys create estate plans for same-sex couples. Call 561-855-0348 for a free initial consultation.

Your estate plan does more than determine who receives your property if you die. It also protects your loved ones if you become ill or incapacitated. Legal documents such as health care and financial powers of attorney can allow a trusted person to step into your shoes and make decisions for you if you can't make decisions for yourself. While you may assume that your spouse can make decisions for you, that is not always the case.

What if My Partner and I Are Not Married?

Determining the best estate planning measures for unmarried couples depends on their particular circumstances. For some, simple planning solutions such as annual exclusion gifting between partners or retitling assets may be appropriate while others would necessitate more intricate planning, such as an irrevocable trust which conditions distributions upon the survival of the relationship through the death of the first partner. For wealthier couples, a Domestic Partnership Agreement, which functions just like a prenuptial agreement, may be appropriate; regardless of the gender composition of a relationship, couples with disparate resources need to consider what will happen when the relationship ends and whether to make provisions for the partner with less income or fewer assets.

In addition to the basic estate-planning documents, unmarried same-sex couples should also consider executing Hospital Visitation Authorizations as well as Burial Cremation Affidavits. These simple documents can preclude the unnecessary heartache and trauma that has been borne by others forced to litigate their right to visit their partner in the hospital or obtain their cremains.

Talk to a Lawyer Today About Estate Planning for Same-Sex Couples

We offer a complimentary consultation to answer your questions about estate planning. Call 561-855-0348 or email us to schedule an appointment.