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How Marriage Affects Same-Sex Estate Plans

Now that Florida recognizes same-sex marriages, all married couples’ estate planning documents are handled in the same manner and they have the same rights during probate. An estate plan is important for every adult so we encourage you to ask a lawyer about the best estate options for you. However, same-sex couples that are not married have important considerations to include in an estate plan. The Law Office of Nicole C. Morris, P.A., has the experience to create a sound plan for same-sex partners.

What Do Unmarried Couples Need To Know?

Spouses have certain rights to an estate by default. For example, if someone passes away without a will, the spouse can usually claim a percentage of the estate. If you are not married to your partner though, he or she may not be able to claim anything if you were to pass away before creating a plan.

Some solutions to consider include:

  • Annual exclusion gifting: Financial gift that is exempt from gift taxes
  • Re-titling assets: Changing ownership of assets, including adding your partner as an owner
  • Irrevocable trust: Solution for passing assets without tax liability
  • Domestic partnership agreement: Functions similarly to a prenuptial agreement
  • Hospital visitation authorization: Grants rights to visit an unmarried partner in the hospital
  • Burial cremation affidavits: Grants rights to an unmarried partner’s cremains

Our attorney can discuss all your options and help you build the right estate plan to protect you and your partner.

Take Control Of Your Future

Too many same-sex couples have endured the pain of being unable to visit their partner or obtain a partner’s cremains. We will help you avoid these tragedies and set up a plan that matches your goals and wishes for the future.

Please contact us online or call 561-855-0348 to schedule an initial consultation. We work out of Palm Beach Gardens and serve couples throughout Florida.