Justia Lawyer Rating
Super Lawyers

LGBT Beneficiary Designations

Beneficiary Designations in Florida Wills

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.

Florida Pet Clauses

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.

Florida Penalty Clause for Will Contest

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.

Client Reviews
After years of trying to protect my assets from creditors, I was shocked to find out that my assets were unprotected in ways I had never considered. Not only had I placed my assets at risk from my mother's creditors, but I had placed my assets at risk from other family members who were intent on manipulation. When my mother died, I discovered that a family member had changed my mother's estate planning documents. Mr. Goldman and his team were able to explain what went wrong and successfully defended my position in court. During the case, I learned that I could have had much better protection from family and creditors, thus avoiding years of litigation and undue familial stress. When it comes to protecting your assets and your family, I would highly recommend hiring Mr. Goldman and his team. Bill H.
As a real estate agent, I have been involved with many property transactions where I needed a probate attorney to help facilitate the transaction. I have used the services of Mr. Goldman and his staff over the last several years and continue to use them on a regular basis. His office has been able to navigate the court system and help estates sell their property quickly and efficiently. In addition, Mr. Goldman can help real estate investors structure trusts to protect their assets from creditors. Michael Starling
This office is fantastic. I was faced with a horrible situation and this office helped to put an end to the untenable situation. Ms. Kendal Schoepfer was always available before, during, and after office hours to answer any questions that I had. I highly recommend this law office to all. Tisha Brown
Kendal was an amazing answer to a difficult time. Highly recommend her!!! Dana Ramsey