Estate Planning Considerations For LGBTQ+ Couples
Regardless of whether you are married or in a committed relationship, it is important to draft an estate plan. Many people think that an estate plan will only impact what happens to their estate after they pass away, but they can also dictate what happens during your lifetime. A comprehensive estate plan is the only way to ensure you and your loved ones have the full protection you need now, and in the future.
No two estate plans are exactly alike because all adults live such unique lives. However, for LGBTQ+ couples, there are very important factors to consider when creating a plan. Below, our Daytona Beach estate planning lawyer outlines what some of these are.
Avoid Florida’s Intestacy Laws
When a person passes away without a will, it is referred to as dying intestate. If you pass away intestate, there is a chance that your partner will not have any right to the property within your estate. This is particularly true if you were not legally married at the time you passed away. Instead, your property would be distributed to your children, your parents, and perhaps even your siblings. This can leave your partner very vulnerable.
LGTBQ+ couples are often advised to draft both a will and a trust. Your will, and any property you distribute through it, must go through the probate process. Probate can be time-consuming and expensive for those you leave behind. During probate, other people can object to the property distribution. This is more common when family members do not support the relationship, which is a sad truth in many same-sex relationships. A trust can ensure you can leave the property you wish to your partner, as these legal documents are not subject to probate.
Plan for Incapacitation
If you are ever incapacitated and unable to make decisions for yourself, it is important to have a durable power of attorney or health care surrogate in place. You likely want to name your partner as the person with authority to make these decisions on your behalf, as you may have talked about it before and they may thoroughly understand your wishes. Without these documents, disputes could erupt that put your affairs at risk and that will not respect your wishes.
An Adoption Alternative
Non-biological parents do not have the same parental rights biological parents do. LGBTQ+ parents can ensure both partners have equal rights by one or both people adopting the child. When adoption is not right for the couple, though, an estate plan can provide a valid alternative. You can name your pattern as the guardian of the minor child in the will, providing them with rights they otherwise would not have.
Our Estate Planning Lawyer in Daytona Beach Can Help Your Family
If you are in an LGBTQ+ relationship and have not drafted an estate plan yet, you need legal advice from a Daytona Beach estate planning lawyer. At Bundza & Rodriguez, our experienced attorney can review the facts of your case and advise on the documents you need to protect you and your family. Call us now at 386-252-5170 or chat with us online to schedule a consultation and to learn more about how we can help.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html
