LGBT Beneficiary Designations

If you are a gay man, a lesbian or are in a same-sex relationship, it may be prudent to include a clause in your will that confirms all beneficiary designations and asset ownership by using a blanket statement indicating that those designations and ownership are intended and stated in the appropriate instrument governing the account or asset.

This type of clause can reduce the possibility of a challenge to jointly held property and a claim that it was only for the sake of convenience. The clause will prevent an argument that the decedent never intended the property or asset to pass to the surviving joint owner.

Another creature you do not want to forget about, your beloved pet. Don’t forget to provide for your pet’s care after your death.

In addition to a clause in your will, it is also important to provide for your pet during an illness or incapacity. You can include a provision in a Durable Power of Attorney for Finances or perhaps in a living trust.

Although many lesbian and gay people are estranged from their families and would like to put a “no contest” or “forfeiture clause” in their Florida Will, be advised that pursuant to Florida Statute § 732.517, “a provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable”. Therefore, it is necessary to prepare for a possible Florida Will Contest by having a Florida Revocable Trust prepared in addition to your Florida Will.

Take the time to put your wishes in writing and have Florida Estate Planning documents prepared. Only you can protect your rights as well as those of your partner and children. Contact a Jacksonville, Florida Gay and Lesbian Attorney.