Same-sex couples in the state of Florida have the same estate planning needs as opposite-sex couples do. With the ruling on June 26, 2015, by the United States Supreme Court that the U.S. Constitution guarantees the right to same-sex marriage, same-sex married couples have the same estate planning tools as their opposite-sex counterparts. The concerns and goals are the same for both – lifetime protection in the event of illness or incapacity and the passage of assets to loved ones with the least amount of effort and expense.
A comprehensive estate plan allows same-sex couples to provide for each other whether or not they choose to get married. An estate plan affords protection for a spouse or partner who becomes incapacitated, allows a spouse or partner to make health and end-of-life decisions, lets a surviving spouse or partner make burial/cremation arrangements, and transfers assets according to the loved one’s intent and wishes and not as mandated by state law.
The key documents to an effective estate plan are:
- Last Will and Testament
- Revocable Living Trust, if applicable
- Durable Power of Attorney
- Designation of Health Care Surrogate
- Living Will
- Authorization to Dispose of Bodily Remains (if not married)
- Hospital Visitation Authorization (if not married)
Gibbons | Neuman can assist you in creating the estate plan that fits your needs and circumstances.