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Estate Planning For LGBTQ Couples In Florida


Everyone can benefit from developing an estate plan, including LGBTQ couples. As a rule of thumb, people in the LGBTQ community are less likely to get married, not to mention that they may have children where only one or none of the partners is the child’s biological parent.

That is why estate planning is even more crucial for LGBTQ couples in Florida. It is advisable to contact a skilled attorney to determine what types of documents you need to create a comprehensive estate plan.

Discuss your particular situation with a St. Petersburg estate planning lawyer to develop an estate plan that fits your particular needs. Our attorneys at Legacy Protection Lawyers, LLP, can help you create an estate plan regardless of your sexual orientation, gender, sexual identity, or marital status.

Estate Planning for LGBTQ Couples with Children

Having an estate plan is critical for non-married partners in the LGBTQ community. Without a comprehensive estate plan, LGBTQ couples may not have access to a partner’s medical information, may not have a right to make healthcare decisions on behalf of their partner, and may not have legal protections and the right to inheritance in the event of mental incapacity or death.

When an LGBTQ couple shares minor children, they must ensure that their estate plan is appropriate to protect their children. In the LGBTQ community, only one parent may be the biological parent of the couple’s children. In some cases, neither parent is the biological parent.

From a legal standpoint, only the biological unmarried parent has parental rights unless the child was adopted by the other parent. The non-biological parent may not have legal rights even if their name is written on the child’s birth certificate. It is vital to discuss your particular situation with an experienced attorney to find out what you need to do to protect your rights as a parent.

Do LGBTQ Couples Need a Last Will and Testament?

When LBGTQ partners are not married, the importance of writing a Last Will and Testament cannot be overstated. An unmarried partner cannot make a claim against their partner’s inheritance if they do not have a valid Will in place.

A properly written and executed Will outlines who will inherit the Testator’s assets after their death and also allows the Testator to appoint a person who will care for their minor children in the event of death.

Other Estate Planning Documents for LGBTQ Couples

In addition to a Will, LBGTQ partners can benefit from creating other estate planning documents, including:

  • Durable Power of Attorney. This document allows you to authorize another person to make financial decisions on your behalf in the event of your incapacity. It also gives the authorized person access to your bank accounts to pay your bills.
  • Healthcare Power of Attorney. This document allows you to authorize another individual – such as your unmarried partner – to make major decisions regarding your healthcare in the event of your incapacity.
  • Living Will. This document, which is also referred to as an advanced directive, allows the Testator to state their wishes for end-of-life medical care.

Contact an Attorney to Develop an LGBTQ Estate Plan

It is advisable to seek the legal counsel of a knowledgeable attorney who has experience developing estate plans for LGBTQ couples to help you navigate the estate planning process. Schedule a consultation with our attorneys at Legacy Protection Lawyers, LLP, to discuss the appropriate estate plan in your particular situation. Call 727-471-5868 to receive a consultation.

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