Articles Posted in Gay and Lesbian Estate Planning

Does the term ” Florida Estate Planning” evoke thoughts of the very rich standing by their Bentleys in front of their massive estates? Maybe the term should simply be Planning, because no matter who you are or how much you own, Everyone needs “Estate” Planning

Everyone has a Florida Estate, no matter how large or small. One’s estate is simply the possessions or property you have acquired, inherited, and worked for during your life. There are generally three types of property that comprise one’s estate, these are:

Real Property – Your home, land, houses or other structures on land;

A federal judge in Pennsylvania has been asked to determine whether the same-sex wife or parents of an attorney at the law firm of Cozen O’Connor should be the beneficiaries of the attorney’s profit-sharing plan. The parents of the deceased partner argue that an ERISA qualified plan falls under federal law and the U.S. Defense of Marriage Act (DOMA) limiting marriage to only a man and a woman controls whether same-sex couples can receive federal benefits

The wife of the deceased attorney argues that Pennsylvania law does not preclude her from being recognized as the surviving spouse for the purpose of receiving benefits under the plan. The wife states that the law firm profit-sharing plan is not governed by DOMA, and claims the profit-sharing plan is private and is controlled by the language in the plan.

To read more about this interesting case: Same-Sex Marriage Fight at Heart of Cozen O’Connor Benefits Case.

Don’t Ask, Don’t Tell (DADT), was adopted by Congress in 1996. On December 20, 2011 the the federal law banning openly gay people from serving in the military is repealed.

The President, Defense Secretary and Joint Chiefs of Staff Chairman signed and submitted a one-page certification to Congress that the military is ready to implement the repeal of DADT.

Nearly two million troops have received training in preparation for the repeal of DADT. The Department of Defense stated that sexual orientation is a personal and private matter and that all service members should be treated with dignity and respect. The Defense Undersecretary reported that there will be “zero tolerance for harassment, violence or discrimination of any kind.”

It is crucial to make your heirs and family are aware of the

fact that there are documents in place and where these documents can be

found. Having your Florida estate planning documents prepared is the first step, and once you have made the call and scheduled a consult with an Atlantic Beach Estate Planning Attorney, you are sure to feel good about it. 

We the People of the United States, and of Jacksonville Florida in order to . . . promote the general welfare and secure the Blessings of Liberty . . .sound familiar. The Constitution of the United States provides the core principals of American freedom for We the People.

The Right to Privacy, Freedom of Association, and the Right to Equal Protection under the Law. Unfortunately, many in the LGBT community do not have these same seemingly inherent protections. As a result proper planning and consultation with a Jacksonville Beach Attorney is a recommended plan of action. If the Florida Constitution and Florida Statutes do not provide for equal protection for gay and lesbian individuals, then protecting oneself is crucial.

Some of the planning you need to consider are:

The lazy days of Jacksonville Beaches summer is a time to relax, enjoy the beach, and have a great time. Summer time is also the time to reflect. . . about your life, your partner, your children, and your future.

Don’t put off until tomorrow, the preparation of important documents dealing with important Florida Estate Planning Documents or those dealing with Gay and Lesbian Legal Issues that will protect both yourself, your partner, and your family.

Your Florida Will, a Florida Revocable Trust, a Florida Durable Power of Attorney, your Florida Living Will, a Designation of Health Care Surrogate. . . take the time this summer to think about your future and how important it is to have these documents prepared, because before you blink, Jacksonville summers turn into Florida Fall.

REASONS TO HAVE YOUR FLORIDA WILL PREPARED:

IT’S YOUR WAY: You decide who inherits from you. If you die without a Florida Will the Florida’s intestacy statute directs how your property and assets are divided and distributed.

Florida intestacy laws DO NOT provide for non-family members. Unless you draft a Florida Will, your partner will not inherit from you.

Though statistics are scarce, there are somewhere between 1.6 to 3.2 million gay men and women who are 65 or older. Many of them live in Florida, which also happens to be home of the first federally-funded elder care center with an LGBT program.

Planning for end of life care and asset protection takes time and should not be left to the last minute. Unfortunately, for gay and lesbian couples in Florida, current laws are often discriminatory or simply do not consider the issues that arise with these couples who wish to leave their belongings to a same-sex partner. Florida Laws often favor direct family members, who may challenge wills that were meant to distribute assets to a same-sex partner. These challenges can be costly, time consuming, and are definitely something one should seek to avoid.

It is important to remember that a Florida Will is not the only means of divesting assets after death. An Florida Estate Planning Lawyer can explain these alternatives to you. For example, you may consider an inter vivos trust or a Florida Revocable Trust . This allows an individual to transfer title to property in a trust, which is held by someone you name as trustee. A trustee may then hold the property for the individual’s lifetime. When the individual dies, or at some other stated time, the property remaining in the trust can be transferred to the intended beneficiaries.

If you think a Jacksonville same-sex couple is different from you, just ask them. You will find that the problems same-sex couples have with each other are the same complaints you have about your heterosexual wife or husband. Whether it’s how the bed is made, how the vegetables are chopped, or whether the toothpaste is squeezed from the bottom or middle, there is no difference.

Unfortunately, there is a major difference on how same-sex couples are treated by Florida Law. If a married man and woman die without a Will, the Florida Intestacy Statutes will provide that the surviving spouse is able to remain in the home as well as to receive a certain share of the deceased’s spouse estate.

Not so, for the same-sex couple who might have been together for more years than the heterosexual couple. If a same-sex partner dies without a Will (and the house and other assets are titled in that person’s name alone), the surviving partner gets Nothing.

Gender Identity Disorder in Florida is a real, serious and often untreated disease. A recent federal case ruling validates the existence of Gender Identity Disorder (GID) which may affect many Florida Gay, Lesbian and Trans-gender persons.

The U.S. Court of Appeals for the 1st Circuit has upheld an order requiring the Massachusetts Department of Corrections to give hormone therapy to an inmate diagnosed with gender identity disorder. The court ruled that prison officials acted with deliberate indifference to the inmate’s medical needs, in violation of the Eighth The lawyer representing the inmate reported the importance of the 1st Circuit in recognizing that if left untreated, gender identity disorder could be extremely important. See Inmate with Gender Identity Disorder.

If you are a gay, lesbian, or transgender individual who would like to learn about how the law either protects or does not protect certain rights, consult with a Florida Attorney about the legal documents that you can have prepared to protect yourself.