…about PRIDE: Estate Planning for LGBTQ+ Individuals and Families and Why It Matters

This past weekend, I had the opportunity to attend Miami Beach’s annual Pride event. It was an incredible celebration of love, community, and visibility. As I walked alongside families, friends, advocates, and allies, I was reminded of how much progress the LGBTQ+ community has made and how important it is to ensure that our legal protections keep pace with our personal lives. 

For many LGBTQ+ individuals and couples, estate planning is not just a financial or legal issue; it’s a deeply personal one. It’s about making sure your wishes are respected, your loved ones are protected, and your legacy reflects who you are.

Unmarried Partners May Not Be Protected by Default Laws

In Florida, if a person passes away without a will or trust, their assets are distributed according to the state’s intestacy laws. These laws prioritize biological or legally recognized relatives. Unmarried partners, even those in long-term, committed relationships, may not be entitled to any inheritance unless specifically named in an estate plan.

Legal tools like wills, revocable living trusts, and properly updated beneficiary designations can help ensure your partner or chosen family members are protected.

Parental Rights Are Not Always Guaranteed

LGBTQ+ parents may encounter unique challenges, especially when one parent is not biologically or legally recognized. Florida law may not automatically protect the rights of non-adoptive co-parents, which can create uncertainty if one parent becomes incapacitated or passes away.

An estate plan can help by:

- Naming guardians for minor children in a will

- Creating a trust to manage assets for the child’s benefit

- Documenting parental intent through legal declarations

Decision-Making Authority Isn’t Automatic

Without the right documents in place, loved ones may not have the legal authority to act on your behalf during a medical emergency or financial crisis. This is especially important in cases where biological family members may not share your wishes or values.

Key documents to consider include:

·      Durable Power of Attorney (for financial decisions while you are alive)

·      Health Care Surrogate Designation (for medical decisions)

·      Living Will (to express end-of-life wishes)

These documents allow you to choose who you trust regardless of biological or legal relationship.

Minimizing Family Conflict and Protecting Privacy

Unfortunately, LGBTQ+ individuals may face strained relationships with family members. A clear estate plan can help reduce the risk of conflict or challenges after death. Tools such as revocable trusts can also help avoid probate, which is a public court process, thereby maintaining privacy.

Long-Term Planning and Asset Protection

Estate planning also offers opportunities to:

·      Prepare for disability or incapacity

·      Create long-term financial strategies

·      Protect assets for a surviving partner or children

·      Support charitable organizations that reflect your values

These plans are particularly helpful for individuals concerned about preserving financial stability or addressing health care needs later in life.

Respecting Gender Identity and End-of-Life Wishes

For transgender and nonbinary individuals, an estate plan can specify how their name and gender should be presented on legal documents, obituaries, or memorial programs. These instructions can offer peace of mind and help ensure that identity is honored in death.

Why Legal Guidance Matters

Florida law is constantly evolving, and every person’s situation is different. A licensed attorney can help you navigate the process and create a plan tailored to your needs, your loved ones, and your values.

Whether you identify as part of the LGBTQ+ community or you simply want to ensure your wishes are honored and family is protected, it’s worth taking the time to talk with an experienced estate planning attorney that can guide you through the nuances of estate planning strategies and available tools to effectuate your goals.

For more information or to request a free initial consultation, contact me at shaib@syrios-law.com or visit my website at www.syrios-law.com

Disclaimer:  This post is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Every legal situation is different, and you should consult a licensed attorney for advice specific to your circumstances and jurisdiction.