Why Is Estate Planning So Important For Same-Sex Couples?

Regardless of whether you are married or unwed but in a committed relationship, estate planning addresses what will happen when you pass away, as well as your preferences at certain times during your lifetime. Although same-sex marriage was legalized in 2015 by the U.S. Supreme Court with the landmark case Obergefell v. Hodges, this ruling is always at risk and could be overturned in the future. If that were to happen, it would be devastating for same-sex couples, particularly those without an estate plan. Below, our Daytona Beach estate planning lawyer outlines the three benefits of estate planning for same-sex couples.

Avoiding Florida’s Intestacy Laws 

In Florida, if you pass away and do not leave a will behind, you are considered to have died intestate. In these cases, your partner may not have any right to any portion of your estate, particularly if you were not married when you passed away. Any property you leave behind will then be distributed to your children, parents, and even your siblings, under the state’s intestacy laws. This can put your partner at significant risk.

People are often recommended to draft not only a will, but a trust, as well. Wills must pass through probate, which is an expensive and time-consuming process. During probate, your will may be contested by other family members and people who have an interest in the estate. Trusts do not have to pass through probate and so, these documents are especially important for same-sex couples who do not have their family’s support.

Planning for Incapacitation 

If you ever become incapacitated in the future and are unable to make decisions for yourself, someone will have to make these decisions for you. Most likely, you want this person to be your partner. If you only have a will, your partner will not have the authority to make these decisions. Instead, you must also designate your partner as your power of attorney, which will give them the legal right to make these decisions.

Planning for Children 

While biological parents typically have automatic parental rights, this is not true for non-biological parents. Adoption by a non-biological parent is the only exception to this, as an adopted parent is also considered a legal parent. If you have a biological child and your partner has not adopted them, your estate plan can provide an alternative. You can name your partner as your child’s guardian in your will and make sure they will have all of the same rights they currently do. In same-sex relationships, it is recommended that both partners name the other as guardian in the event they pass away.

Our Estate Planning Lawyer in Daytona Beach Can Protect Your Family 

If you are in a same-sex relationship and have not yet created an estate plan, it is critical that you make this your next step. At Bundza & Rodriguez, our Daytona Beach estate planning lawyer can create the necessary documents that will protect you and your family now, and in the future. Call us today at 386-252-5170 or contact us online to request a free consultation and to learn more about how we can help.

Sources:

justice.gov/sites/default/files/crt/legacy/2015/06/26/obergefellhodgesopinion.pdf

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html