The Palm Beach County same sex couple estate planning attorneys at Kitroser, Lewis & Mighdoll believe everyone should have equal rights and trustworthy legal representation. Our attorneys have a long history of supporting LGBTQ rights and providing estate planning services to same sex couples, families, and the LGBTQ community.
While the Supreme Court’s 2015 Opinion in Obergefell was a major legal ruling, it is only the starting point for a future of rights to be exercised. One major resulting legal change is that married same sex couples will be treated like all married couples from an estate planning standpoint. But this is a critical change, as married couples receive different treatment than non-married couples under the law.
Prior to the legalization of same sex marriage in Florida, a widowed same sex partner was not entitled to tax benefits or intestate benefits that heterosexual couples were entitled to.
Now, surviving same sex spouses will be entitled to all the rights that opposite sex couples have. If there is no will in place at the time of the deceased spouse’s passing, then the surviving spouse is entitled to all, or half, of the deceased spouse’s probate assets. But the surviving spouse may also take a 30% “elective share” of both probate assets, plus other assets. These legal realities create many new considerations when planning your estate, such as:
It is a bold new legal world now, and these are the types of questions that must be answered. You have new rights, and with those rights come legal responsibilities. Our Palm Beach same sex couple estate planning attorneys are highly skilled and efficient, and work hard to help you understand your rights and provide peace of mind in planning for your future.
Our legal team assists South Florida individuals, couples and families in various estate planning issues. Our goal is to provide effective advocacy to meet your individual needs. Though the Obergefell decision was a major milestone for the LGBTQ community, the decision does not mean everyone in the LGBTQ community must get married.
In fact, domestic partnerships, along with unique and blended families, have been a growing trend in the U.S. for decades. All non-married couples, whether same sex or not, and unique or blended families, face special estate planning considerations.
In order to provide for your partner or family, you may need to have very specific estate planning instructions, including formally addressing such areas as powers of attorney, guardianship, wills, trusts, healthcare directives, and asset protection. Trust our attorneys to offer innovative solutions to fit your needs.
When trying to achieve peace of mind in a changing legal world, the knowledgeable estate planning attorneys at Kitroser, Lewis & Mighdoll advise you with unparalleled skill and compassion.
We welcome clients in West Palm Beach, Palm Beach Gardens, Jupiter, North Palm Beach, Palm Beach, Delray Beach, Lake Worth, Port St. Lucie, all Palm Beach County, Martin County and Florida’s Treasure Coast communities. Contact us today to schedule a consultation at 561-721-0600 or contact us online.
The North Palm Beach Estate Planning Lawyers of Kitroser, Lewis & Mighdoll, welcome clients from the cities of West Palm Beach, Stuart, Palm Beach Gardens, Palm Beach, Jupiter, Tequesta, Juno Beach, Singer Island, Lake Park, Hobe Sound, Royal Palm Beach, Wellington, Lake Worth, as well as all of Palm Beach County, Martin County and South Florida.
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