Building a life together in Florida is a journey of shared dreams and commitments. But for LGBTQ+ couples, ensuring that commitment is legally protected for the future requires more than just love—it requires a plan. Standard assumptions about legal protections often fall short, especially in a state with a complex and evolving legal environment. Relying on marriage alone is not enough to protect a partner or your chosen family, which is why a thoughtful estate plan is so critical for peace of mind.

This guide will walk you through the essential tools and knowledge you need to create an estate plan that honors your relationship and secures your wishes. We’ll cover the key documents that provide a shield of protection for you and your loved ones, no matter what the future holds. By understanding these legal instruments, you can ensure your legacy is one of care and security, reflecting the life you've so carefully built.

Beyond the Basics: Unique Planning Needs for LGBTQ+ Couples

The Myth of Marriage is Enough

While marriage equality granted significant legal protections, it should never be seen as a substitute for a comprehensive estate plan. In Florida, being married provides certain automatic rights, such as the spousal elective share. In Florida, you cannot completely disinherit your husband or wife. Under state law (§ 732.201), a surviving spouse is automatically entitled to at least 30% of the elective estate.

However, this default provision may not align with your specific wishes, especially if you want to leave more or different assets to your partner or others. A solid estate plan moves beyond these default rules, ensuring your assets are distributed exactly as you intend, without leaving anything to chance or state interpretation.

Protecting Your Chosen Family

For many in the LGBTQ+ community, family extends beyond blood relatives or legal spouses. An estate plan is the only legally enforceable way to protect an unmarried partner or members of your chosen family, such as close friends or children from previous relationships, who may not have automatic legal standing. Blended families face a significant risk of unintentionally disinheriting loved ones if their intentions are not explicitly documented in a will or trust. Without these clear legal instructions, the state's default inheritance laws will apply, potentially excluding the very people you intended to care for. This makes creating a plan essential for protecting chosen family and ensuring your true wishes are honored.

Navigating a Shifting Legal Landscape

The legal landscape affecting the LGBTQ+ community is in constant motion, making proactive planning more important than ever. For example, a new bill filed in the Florida Legislature aims to abolish the state’s defunct law banning gay marriage, an act that reflects the ongoing evolution of legal recognition. This constant change shouldn't be a source of fear but rather a call to action. A strong, personalized estate plan is a durable tool that provides lasting protection, creating a legal fortress for your relationship that remains standing regardless of political or legislative shifts. It empowers you to define your legacy on your own terms.

Building Your Shield: Essential Estate Planning Documents

Last Will and Testament: Your Foundational Voice

A Last Will and Testament is the cornerstone of any estate plan, serving as your official voice after you're gone. This document allows you to name a personal representative (also known as an executor) to manage your estate and clearly state who should inherit your property. If you die without a will in Florida, the state’s intestacy laws determine how your assets are distributed, which often means an unmarried partner could be left with nothing. To ensure its validity, the person possessing the will is legally required to file it with the county clerk within 10 days of learning about the death, initiating the legal process that puts your wishes into action.

Revocable Living Trusts: Bypassing Probate and Adding Control

A Revocable Living Trust is another powerful tool that offers benefits a will cannot, primarily privacy and the avoidance of probate court. When you create a trust, you transfer your assets into it, and upon your death, those assets can be passed directly to your beneficiaries without court supervision. This keeps your financial affairs private, as a will becomes a public record once it enters probate. Furthermore, a trust becomes effective immediately and allows a successor trustee to manage your assets if you become incapacitated, providing a seamless transition of control that a will does not offer.

Healthcare and Financial Directives: Who Makes Decisions for You?

For LGBTQ+ couples, directives for healthcare and finances are arguably the most critical components of an estate plan. These documents prevent the nightmare scenario where an estranged biological family member could make crucial decisions against your wishes or those of your partner. By legally appointing the person you trust, you ensure your autonomy is respected even if you are unable to speak for yourself. These directives are essential for ensuring your partner has the legal authority to advocate for you and manage your affairs when it matters most.

• Designation of Health Care Surrogate: This document legally appoints a person (like your partner) to make medical decisions for you if you become incapacitated.
• Living Will: This outlines your wishes regarding life-prolonging medical treatments, ensuring your end-of-life care aligns with your values.
• Durable Power of Attorney: This grants a trusted individual the authority to manage your financial affairs if you are unable to do so yourself.
• HIPAA Release Form: This permits doctors to share your medical information with your partner or other designated individuals.

What Happens Next: A Look at Florida's Estate Process

Demystifying Florida Probate

Probate is the formal, court-supervised process of validating a will, paying off debts, and distributing a deceased person's assets. In Florida, this is a common and often lengthy procedure. A standard formal probate can realistically take 6 to 12 months to complete, largely due to a mandatory creditor notification period. During this time, legal fees accumulate, and reasonable attorney's fees are often calculated as 3% of the estate's value, paid directly from the estate's assets before beneficiaries receive their inheritance.

Simpler Paths for Smaller Estates

Not every estate needs to endure a lengthy and costly probate process. Florida law provides simpler, faster alternatives for smaller estates, making the process more accessible. For estates valued at $75,000 or less, a process called Summary Administration can be used, which bypasses many of the formal requirements. For even smaller estates where assets are only needed to cover final expenses, a process called Disposition Without Administration may be available, further streamlining the settlement and reducing the burden on grieving families.

Getting Expert Guidance on Probate Law

The probate process involves specific legal procedures and deadlines that can feel overwhelming. Understanding the key terms and steps is crucial for anyone named as a personal representative or who is a beneficiary of an estate. Navigating these requirements correctly ensures that a loved one's final wishes are carried out efficiently and in accordance with state law. For those wanting to dive deeper into the specifics, from creditor periods to the role of a personal representative, a detailed Florida probate laws FAQ can provide clear, practical answers to common questions. This kind of resource helps demystify the process and empowers you with the knowledge to handle estate matters confidently.

Building a Secure Future, Together

Estate planning is one of the most profound ways to say I love you and I will protect you. For LGBTQ+ couples in Florida, it’s not an administrative task; it's an essential act of safeguarding your partner, your assets, and the life you've built together. It ensures that your relationship is honored and your intentions are legally respected, providing a shield against uncertainty and potential challenges.

By putting these legal tools in place, you create a clear, legally-binding reflection of your wishes that protects your family and honors your legacy. This proactive step provides immense peace of mind, allowing you to focus on enjoying your life together within our vibrant Florida community, knowing that you've secured your future.