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LGBT Probate

Jacksonville Florida Gay, Lesbian, Same-Sex Couples, Unmarried Couples, Probate Avoidance Lawyer

Probate is a legal process whereby a court validates the deceased person's Will or determines that he or she died without a Will. The court also appoints someone (personal representative) to handle the decedent’s assets and pay any outstanding debts owed at death.

Probate makes sure that taxes are paid and allows for any creditor that is owed money at the time of death to come forward and make a claim to receive payment. There is a fixed period of time for creditors to file a claim.

Once all the assets are identified, debts and taxes paid, assets are distributed according to the person’s Will or if there is no Will, the property is transferred under the Florida intestate laws. (Remember under the Florida intestacy statute, your lesbian, gay and same-sex partner will received nothing from your estate).

Probate is expensive and can be contentious if there are members of your family whom may contest your Will. Probate, depending upon the legal issues, can also take considerable time.

There are some well-established methods of transferring property such as:

  • revocable living trusts
  • pay-on-death bank or stock accounts
  • joint tenancy
  • life insurance and IRA benefits
  • assets in a bank checking, savings or money market account

Other alternatives when providing for your gay, lesbian, same-sex partner, and children from your current or previous relationships, include:

  • Designating multiple beneficiaries in retirement plans and IRAs (especially when there are children involved)
  • Irrevocable life insurance trusts
  • Gifts given instead of testamentary bequests
  • Life estates
  • pre-paid college plans
  • family limited partnerships
  • charitable remainder trusts
  • qualified personal residence trusts

Contact a Jacksonville, Florida Gay and Lesbian Attorney and see which method of transference or other alternate estate plan is most appropriate for you and your loved ones.

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