Estate Planning Tips for Same-Sex Couples in Florida

Estate Planning Tips for Same-Sex Couples in Florida

Same-sex couples often have circumstances that require special consideration when it comes to estate planning. Below are a few tips to help same-sex couples make sure they have an estate plan that covers all their needs:

Don’t stop at a will: A last will and testament is a necessity, but it is not an end point for any couple — especially those with children. In many cases, wills made by same-sex couples are much more likely to be contested, as there’s a greater likelihood of LGBT people being estranged from their families. A trust can be a more effective route.

  • Consider medical needs: Same-sex couples are challenged more often than heterosexual couples when attempting to make medical decisions on behalf of their incapacitated partners. Therefore, it’s especially important to document your medical wishes through tools such as a living will or healthcare surrogate designation or both.
  • Consider your children: If your partner has a child you are raising together, consider legally adopting the child as your own, as well. This process typically proceeds in the same manner as any other stepparent adoption would.
  • Work with an attorney: Because there can be extra complications for same-sex couples in estate planning, it’s important to work with an attorney to make sure you are covering all your wishes for your estate. If you attempt to do it all yourself, there is a good chance you will make an error that could prevent you from achieving your estate planning goals.

For more information and advice on estate planning for same-sex couples in Florida, contact a dedicated Tampa attorney with BaumannKangas Estate Law.