Because the state of Florida does not recognize your same-sex relationship, despite the fact that you have been together longer than most heterosexual couples, despite the fact that you were legally married elsewhere, means that YOU need estate planning.

If you have any assets, bank and financial accounts, a car, jewelry, furniture, knick knacks, then you have an Estate; and estate planning is necessary for distributing these assets to who you choose when you pass away.   A Last Will and Testament is required if you want to leave your assets to your Partner or to any children who you may not have a recognized legal relationship with.

If you leave no Will, it will NOT be your way.  Florida’s Intestate Statute found at F.S. 732.103, sets out the hierarchy for who will inherit your property (estate) should you not leave a valid Will.  If you have no descendants (children, grandchildren) your parents will inherit equally, if your parents are deceased then your estate goes to your siblings and the children of any deceased brothers and sisters.  If there are none of the above, then it goes to your grandparents and if no grandparents, to your uncles and aunts and their descendants.

In fact under the intestate statute, your stuff goes to everyone in your family EXCEPT your partner!  If you don’t prepare your Will, then your Partner receives nothing!  Take the few minutes to call attorney Patricia H. Davis at 904.614-3670 or email me at, and let’s talk about getting your Will prepared.

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