This week famed NBA center Jason Collins came out as the first openly gay athlete in a major men’s American team sport. “I’m a 34-year-old NBA center. I’m black. And I’m gay,” Collins stated in the May 6, 2013, issue of Sports Illustrated.
Motivated by the recent Boston Marathon bombings, Collins acknowledged that he was done waiting for the perfect moment to come out. He stated “things can change in an instant, so why not live truthfully?”
In a world of uncertainty, it is imperative that gay and lesbian couples to take advantage of proper estate planning. The current laws do not afford same-sex unions the same legal protections as traditional married couples. As it stands now your partner will most likely inherit nothing upon your death and could even be forced to move out of your shared home. Same-sex partners in Florida also have no legal rights in the following areas:
- No elective share, or inheritance of a portion of the deceased’s estate.
- Not considered next of kin regarding decisions about your partner’s medical treatment when your partner is incapacitated.
- Not considered next of kin regarding hospital visitation rights.
- Not considered next of kin regarding decisions about your partner’s burial services.
- No protective tax treatment in terms of IRA’s and retirement plans.
- No shared access to their partner’s Social Security benefits or Medicare benefits.
Don’t just sit idle hoping that everything will work out. Make sure your beloved partner is protected upon your passing. At Wild Felice & Partners, we can work with you to draft a comprehensive estate plan to recreate some of the rights and benefits of traditional married couples. Some key elements include:
- Last Will and Testament to ensure that your estate is not blindly distributed according to intestacy laws.
- Living Will which will specify how you would like to be taken care of in case of incapacity.
- Designation of Health Care Surrogate which will allow your same-sex partner to give informed consent for your medical treatment.
Our South Florida law firm treats estate planning in terms of a married couple, so the fee plan for a same-sex couple will naturally get the same treatment. For more information on how to plan for your partner’s future, contact our South Florida law firm of Wild, Felice & Partners, PA for a free consultation at (954) 944-2855.
