We Help with LGBTQ+ Estate Planning
Estate planning is critical for everyone: single, married, straight, and LGBTQ+. However, for the LGBTQ+ community, estate planning provides protections to help guard against discrimination when people are reluctant to recognize your relationship, even if you are married.
In many states, if a member of the LGBTQ+ community fails to plan properly, the result can be devastating to his or her spouse or partner and family. Having no estate plan, or relying upon a will, joint tenancy, or tenancy in common as an estate plan, is tantamount to giving up control of one’s estate and management of one’s well-being in times of incapacity. This need for an estate plan is critical in case of an accident or illness that renders a partner or spouse incapable of making decisions or managing his or her affairs. Without a proper estate plan, the other partner could be legally precluded from having any role in the decision-making of his or her partner’s care, managing his or her affairs, or even having access to the incapacitated partner.
Even if you are married, planning is critical in the event you encounter resistance to recognizing your marital rights.
Marriage By Any Other Name . . .
Some states and local jurisdictions offer domestic partnerships, civil unions, or similar methods of legal recognition for same-sex couples. These forms of relationships are offered in addition to marriage. The rights and responsibilities of domestic partnerships or civil unions vary substantially from jurisdiction to jurisdiction. For example, in some states such relationships other than marriage do not affect property rights between the parties, but in other states they do. One thing is clear: these non-marriage alternatives will not result in recognition of the relationship by the federal government.
Before committing to a marriage, domestic partnership, or civil union, be sure to speak with a qualified estate planning attorney, who is familiar with the unique legal and personal needs of the LGBTQ+ community. That attorney can counsel you on the implications of your unique situation.
The Problems Estate Planning Solves for the LGBTQ+ Community
An LGBTQ+ couple can avoid numerous problems through proper estate planning:
For a married same-sex couple, proper estate planning will ensure they get all the state and federal benefits of their marriage while avoiding probate, maintaining their privacy, and protecting their assets.
For an unmarried same-sex couple, proper estate planning will ensure their partner will have legal rights to make health care decisions, protect their rights to inherit assets from each other while avoiding probate, and utilize planning strategies to avoid the burdens of extra taxation when possible.
A living trust can nominate the spouse or partner as the trustee, i.e., manager of their spouse's or partner’s affairs, if he or she becomes incapacitated through illness or accident.
The health care power of attorney can avoid potential problems if a spouse or partner becomes incapacitated. It allows a spouse or partner to appoint their spouse, partner, or someone they care about to make health care decisions on their behalf if they are incapacitated. This prevents potential problems where a spouse or partner may not be given access to his or her incapacitated spouse or partner.
A proper estate plan will ensure your assets are distributed to whom you want, when and how you want.
The Living Trust guarantees privacy through avoidance of probate and its process of opening court records. This is beneficial for any same-sex couple who wishes for their relationship, assets, and disposition to remain confidential.
An estate plan allows you to nominate the person you want to care for and raise any surviving minor children.
LGBTQ+ Resources
GLARP is a nonprofit corporation dedicated to encouraging LGBTQ+ individuals, partners, and businesses to give their time, talent, and money to enhance their aging experience through the development of LGBTQ+ retirement communities and education on aging issues, which are particularly relevant to their group.
The Advocate is a US-based national gay and lesbian newsmagazine. It includes the GSK Pride Guide, forums, and links related to articles.
Florida Association of LGBT Lawyers & Allies, Inc. (“FALLA”) was founded in 2014 as a joint effort of LGBT attorneys throughout Florida to form a state-wide organization to augment the efforts of various regional LGBT voluntary bar associations. FALLA provides continuing legal education seminars and presentations as well as social events to help foster and enhance the practice and study of law for LGBT lawyers, law students, judges, paralegals, and legal support services providers, and to stimulate friendships, referral relationships, and professional development for our members and allies in the community.
LGBTQ+ Estate Planning FAQs
For current Estate and Gift tax figures, click here.
Q: Why is LGBTQ+ estate planning important?
A: LGBTQ+ estate planning helps ensure your wishes are legally documented, protecting your partner, family, assets, and healthcare decisions. A comprehensive estate plan can provide peace of mind and help avoid unnecessary legal complications.
Q: What documents should be included in an LGBTQ+ estate plan?
A: A complete estate plan may include a last will and testament, revocable living trust, durable power of attorney, healthcare surrogate designation, living will, beneficiary designations, and other legal documents tailored to your needs.
Q: Do married LGBTQ+ couples still need an estate plan?
A: Yes. Marriage provides certain legal rights, but it does not replace a customized estate plan. Estate planning ensures your assets are distributed according to your wishes and allows you to appoint trusted individuals to make financial and medical decisions if needed.
Q: How can estate planning protect unmarried LGBTQ+ couples?
A: Without proper legal documents, unmarried partners may not automatically receive inheritance rights or decision-making authority. Estate planning helps protect your partner by clearly outlining your wishes and granting the appropriate legal authority.
Q: Can I choose who makes healthcare decisions for me?
A: Absolutely. Through healthcare directives and a healthcare surrogate designation, you can appoint someone you trust to make medical decisions on your behalf if you become unable to do so.
Q: How does estate planning help protect children and families?
A: Estate planning allows you to designate guardians for minor children, establish trusts for their financial future, and clearly document your wishes to help protect your loved ones.
Q: Can I leave assets to anyone I choose?
A: Yes. Estate planning gives you greater control over how your assets are distributed, allowing you to provide for your partner, family members, friends, charities, or other beneficiaries according to your wishes.
Q: How often should I update my estate plan?
A: You should review your estate plan every three to five years or after significant life events such as marriage, divorce, the birth or adoption of a child, purchasing a home, changes in assets, or updates to Florida law.
Q: What happens if I don't have an estate plan?
A: Without an estate plan, Florida law determines how your assets are distributed and who may make decisions on your behalf. This may not reflect your personal wishes or provide the protections you intended for your loved ones.
Q: How do I get started with LGBTQ+ estate planning?
A: The first step is scheduling a consultation with an experienced estate planning attorney who can evaluate your unique circumstances, explain your options, and create a personalized plan that protects your family, assets, and future.
For more information, or to schedule a consultation, call us at 863-220-7927.