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:

  1. Last Will and Testament
  2. Revocable Living Trust, if applicable
  3. Durable Power of Attorney
  4. Designation of Health Care Surrogate
  5. Living Will
  6. Authorization to Dispose of Bodily Remains (if not married)
  7. Hospital Visitation Authorization (if not married)

Gibbons | Neuman can assist you in creating the estate plan that fits your needs and circumstances.

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