Since same-sex marriage has become legal in the United States, people in same-sex relationships have made significant advances in obtaining rights and responsibilities that are recognized by the government. However, not every state has the same laws and regulations when it comes to the probate process or other estate planning issues for same-sex couples.
The reality is that same-sex couples should still consider taking extra precautions to help ensure that their wishes will be honored after they pass away. Without good estate planning advice, the Coral Gables probate process for same-sex spouses may not go the way that the couple intended. At The Florida Probate & Family Law Firm, our probate attorneys can discuss your situation with you and help you decide what steps to take to protect yourself, your partner, and your family.
Same-Sex Marriages in Florida
When same-sex couples are considering an estate plan, one crucial legal detail is whether they are legally married in the state of Florida. Though Florida does recognize same-sex marriage, there is no statewide recognition of domestic partnerships, except in certain counties, including Palm Beach, Volusia, Broward, Orange, Pinellas, Miami-Dade, and Leon. Therefore, if a couple merely considers themselves married because they previously had a domestic partnership in another state and then moved to Florida, this would not necessarily be recognized as a legally binding relationship if one of the spouses then passed away. This could cause problems for the surviving same-sex spouse during the Coral Gables probate process, especially if the spouse who passed away did not create certain estate planning documents to clarify their wishes.
How Can Estate Planning Affect the Probate Process for Same-Sex Couples?
One of the smartest moves for any couple is to try to avoid probate as much as possible. This saves time and money and helps ensure the desired outcomes since many assets can be transferred automatically outside of the probate process. An attorney who is experienced with Coral Gables same-sex probate procedures can help advise you regarding ways to avoid probate.
Same-sex couples should also have an estate plan. This plan should include several important documents, such as:
Each of these documents serves a specific purpose and can help ensure that your assets are protected and that your wishes are respected.
A will is a legal document that outlines how your assets will be distributed upon your death, whereas trusts can provide additional protection for your assets and help avoid the lengthy and costly probate process. Trusts may be especially helpful for same-sex parents since they allow you to provide for your children after you pass away, and are a way you can specifically name your spouse as your children’s guardian. Without these documents, more of your property will have to be distributed through probate.
Same-sex estate plans should also include the following:
- A healthcare surrogate designation/medical power of attorney
- A living will
- HIPAA privacy authorization form
Though these documents may not help you avoid probate, they are still an important part of a same-sex estate plan since they protect your relationship and help ensure that your wishes will be honored.
Contact Us For Help Navigating the Probate Process for Same-Sex Spouses in Coral Gables
Florida law currently recognizes same-sex marriages. However, having the proper estate planning documents adds another layer of legal protection during the Coral Gables probate process for same-sex spouses. Since this process is all about paying the taxes and debts of the estate and distributing what remains to the beneficiaries, the more detail you can provide about your wishes, the better.
At The Florida Probate & Family Law Firm, our legal team can give you personal, specific advice based on your family situation. Reach out to us today.