Legal Question in Wills and Trusts in Florida

Re: Florida Will for Lesbian Couple

As an attorney practicing in South Florida with 2 offices including one in South Beach, I deal with a substantial number of gay and lesbian couples and when it comes to wills the advice I give to my gay or lesbian clients is no different then that which is given to heterosexual couples. Joint wills are rarely used in Florida. Should one of the parties die, it would be logical that the survivor would want different beneficiaries than the deceased partner. Further, each of the parties may have specific bequests to certain individuals such as family heirlooms to members of her respective family or a different choice of a personal representative.

For these and many other reasons, I always recommend that each individual draft his or her own will which is independent of the other.

As you appear to have done, it is important to have a "legal checkup" to ensure that you have properly indicated your desires for all of your assets - especially those which might pass outside of the estate.

An improperly drafted deed can cause a great deal of heartache when upon the death of one partner, the survivor learns that she/he is now 1/2 owner of their residence together with the family of the decedent who may or may not recognize the relationship of the couple. I have been involved in more than one probate of an estate where this has been an issue.

Scott R. Jay, Esq. 305-249-8000

Re: Florida Will for Lesbian Couple

For practical rather than legal reasons, I advise my clients to execute separate wills, rather than one joint will. Separate wills can still be mutual wills (with the same and reciprocal provisions). They are simply on two separate documents, thus easier to draft, update, probate, etc.

Re: Florida Will for Lesbian Couple

Holding title to the home with a right of survivorship is a first step in estate planning. Be sure to review how bank accounts, brokerage accounts, cars, safe deposit boxes and retirement accounts are titled. Do you have a listed beneficiary? It may be that you do not want all your assets held jointly. Have you updated the listed beneficiary for any insurance policy you have? You may want to discuss these issues with an attorney. As to your other point, simply having a joint or mutual will in Florida does not create any contract or presumption of a contract that would prevent a surviving partner from revoking the mutual will after the death of the other. People can enter into an agreement not to revoke a will. Such agreements are rare and seldom recomended.