Estate Planning & Probate Lawyer, Fort Lauderdale, FL

Estate Planning for Same-Sex Couples in Florida

Specializing in LGBTQ estate plans that protect what matters most

Florida's incomplete legal recognition for same-sex relationships raises a lot of concerns for members of the LGBTQ community. When facing inheritance, spousal rights, and custody uncertainties, it’s important to have legal protection in place to protect loved ones in unforeseen circumstances.

Strategic estate plans overcome legal uncertainties and secure financial futures. Wills, trusts, and essential documents empower couples in Florida to ensure asset distribution aligns with their wishes, regardless of the state's legal recognition of relationships. Whether married or in a committed partnership, benefits of estate planning for LGBTQ couples can include:

  • Power of Attorney
  • Medical Proxy Designation
  • Security for Spousal Rights
  • Minimized Estate Taxes
  • Probate Avoidance
  • Guardianship Designation and Care Instructions for Children
  • Pet Trusts

Ensure a secure future for you and your partner with a tailored estate plan from The Levy Firm PLLC specifically designed to meet your estate planning goals. Contact us for a free consultation and peace of mind.

Essential estate planning documents for Florida same-sex couples

Secure your legacy with a comprehensive estate plan that safeguards your inheritance, custody rights, and spousal benefits. Fort Lauderdale estate planning attorney Geoff Levy can help leverage federal and state laws to eradicate chances for deviation. Our South Florida boutique law firm meticulously drafts comprehensive LGBTQ estate plans utilizing five primary documents:

  • Last Will and Testament. Provides legal clarity, addresses potential uncertainties, and affirms the surviving partner's inheritance rights.
  • Power of Attorney. Empowers the surviving partner to make crucial financial and legal decisions on behalf of the individual if they become incapacitated or are deceased.
  • Trust. Facilitate the efficient and private transfer of assets, bypassing probate, and providing flexibility in managing the trust assets, ultimately ensuring a smoother and more confidential distribution process.
  • Health Care Surrogate or Proxy. Allows a spouse or partner to make medical decisions on behalf of the incapacitated partner.
  • Guardian Designation. Allows parents to designate a guardian for their minor child in advance, expressing their preference for who should assume guardianship responsibilities if it becomes necessary and preferences for child and medical care.

For a gay couple in Florida, having all five basic estate planning documents, rather than just relying on a will, is not merely a legal necessity but a heartfelt commitment to ensuring your wishes and legacy are respected and protected.

Estate planning benefits for Florida LGBTQ couples

Numerous benefits are accessible to same-sex couples engaging in estate planning in Florida, but understanding the correct application and utilization of these benefits is essential for effect. Legal benefits accessible to same-sex couples through Florida estate planning include:


  • Homestead, property tax exclusion, and Save Our Homes cap
  • The right to own property as tenants by the entirety (TBE)
  • Florida intestate law


  • Unlimited marital deduction
  • Gift splitting
  • Smooth transfer of retirement accounts to surviving spouse

Unassailable estate planning for same-sex couples

From will drafting to trust formation, estate administration, power of attorney, and advance healthcare directives, The Levy Firm PLLC aims to secure your legacy and personal wishes. In a confidential free consultation, let us help you ensure a future where your affairs are in order, providing peace of mind for you and your loved ones. The Levy Firm PLLC has been providing legal services to the LGBTQ community in South Florida for over 10 years. Contact us for your consultation today.

Free Consultation. Contact Us Today.
Se Habla Español
Free Consultation. Contact Us Today.

If protecting your legacy and the financial security of your loved ones is a concern of yours, it’s a concern of ours. Let’s talk. Our law firm provides legal services in English and Spanish. Free consultations for new clients.

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