Florida Estate Planning Lawyer Blog
We have all experienced the disdain of families when they don’t like the partners we choose in life. When you are a Florida gay man or lesbian living with a same-sex partner, simply being with a same-sex partner is all that is needed to gain the wrath of one’s family.
If you are gay, with a disapproving family, it is time to consult with a St. Augustine Estate Planning Attorney. There are no inheritance rights provided in Florida for a same-sex couple. Therefore, it is important to consult with a legal professional as to the options for providing for your life-partner.
An effective legal document is a Revocable Living Trust. A revocable living trust allows you to manage your assets during your life and distribute the remaining assets per your wishes after your death. You maintain control over the trust and can modify or terminate the trust during your lifetime, as long as you are competent to do so.
The benefit of a trust is that is is designed to avoid the probate process. A trust is much more difficult to contest or challenge (vs. a will). Your trust takes effect once you have established and funded it, and if you become disabled or die, your partner (or whoever you name as successor trustee) makes a smooth and easy transfer into the role as trustee of the trust.
It is still advisable to have a Will Attorney prepare your will in addition to the trust. A “pour over” will is designed to pass any property that is titled in your name only or that does not name a beneficiary, to automatically pass to the trust, thereby eliminating the need for the probate process.