When LGBTQ individuals or couples come talk to use about creating an estate plan in Florida, we are always happy to help them. As the laws surrounding LGBTQ estate planning have changed significantly in recent years, we are also happy that we can offer options that were not possible just a few years ago. Regardless of the changes in the laws surrounding LGBTQ estate planning and same-sex marriage, it is essential for every LGBTQ individual or couple in the Treasure Coast area of Florida to have an estate plan in place as soon as possible.
Same-Sex Marriage and LGBTQ Estate Planning
The issue of same-sex marriage has become nationally prominent in recent years, and many LGBTQ individuals and couples wonder how they are personally affected by it. Following the United States Supreme Court’s 2013 decision in United States v. Windsor, the federal prohibition against the legal recognition of same-sex marriage was deemed unconstitutional.
In accordance with this decision, many state laws prohibiting same-sex marriages were also deemed unconstitutional, including Florida’s. As such, same-sex couples in Florida are now legally allowed to marry.
Nevertheless, this legal recognition of same-sex marriage does not exist throughout the country, nor is it without complications. If you are a legally married same-sex couple in Florida, you have the right to craft an estate plan just like any other couple. However, should you decide to move out of Florida and into a state that does not currently recognize same-sex marriages, you may need to make changes to your plan.
LGBTQ Couple Estate Planning
An LGBTQ estate plan must address the same basic issues as any other estate plan. A good plan will include provisions that allow you to make inheritance choices, plan for possible incapacitation, protect your assets against those who might seek to take them, include provisions that will allow you to pay for long-term care should you one day require it, and more.
Every estate plan must be designed to meet the needs and individual circumstances of the person making the plan. As such, your plan may not look like the plan created by your friends or family. Even if your plan has the same tools as those created by others, it falls to you to make the specific choices your plan will be designed to protect.
As an LGBTQ individual or couple today, your ability to make an estate plan is really only limited to your desire to do so. You have the same rights and abilities as your non-LGBTQ peers, and can afford yourself the same legal protections that, until recently, were much harder to obtain.
If you are an LGBTQ individual or coupe in the Vero Beach or Fort Pierce area, contact us today so we can talk about what an estate plan can do for you.
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