Miami Estate Planning for Domestic Partners Attorneys
Domestic partners face a number of legal hurdles in regard to custody of children, transfer of property, and access to health care information if proper estate planning is not undertaken.
The law typically takes into account traditional relationships (blood and marriage) when allocating assets and custody in the absence of a will, which still often do not reflect the desires of the deceased.
Unmarried domestic partners, whether straight, gay, or lesbian, including elderly couples who remain unmarried for social security or medical benefits, are not ever considered by the law when disposing of an estate after the death of their loved one, or when appointing a guardian if their loved one should become incapacitated.
If you are unmarried and in a domestic relationship, you should seek an experienced estate planning lawyer to assist you in establishing a comprehensive estate plan that encompasses providing for those you care about and for the care of your child or children. No one expects the unexpected, but you can, and should, prepare for it. Our law firm provides a wide range of estate planning legal services including:
- Living Wills
- Trust administration and creation
- Wills
- Durable powers of attorney
- Designation of a health care surrogate
- Designation of a pre-need guardian for yourself and children
- Estate Planning and Wealth Preservation
- Estate tax minimization
- Business successions
- Asset protection strategies
- Gifts and charitable donations
- Guardianship creation and administration
- And many others
At Barreto & Romero, P.A., we work closely with clients in creating estate plans, domestic partnership agreements, wills, and other financial and legal arrangements that protect the right of survivorship in domestic partnerships. Planning effectively now, can also reduce family conflict later should a challenge arise regarding ownership of a home, custody of children, or the transfer of certain assets.
Call us at (305) 358-1771 or send an e-mail to arrange for a free consultation. An attorney at our firm can discuss your situation and draft an estate plan to achieve your goals.
Healthcare Issues:
Due to terms contained in the Health Insurance Portability and Accountability Act (HIPAA), medical information and medical records cannot be shared with non-family members. This is particularly difficult when a health emergency or end-of-life decision must be made involving domestic partners: without the proper legal authorization, you may not have access to important health information regarding your partner. Additionally, without a healthcare directive or living will, you may not be able to make important decisions for your partner should they be incapacitated.
In order to avoid legal wrangling and difficulties that can arise when healthcare emergencies create the need for making immediate, sound decisions we can discuss several options for protecting yourself and your partner. More importantly, should another family member attempt to assume control of your healthcare or your estate in the event of your death, a comprehensive estate planning can ensure your partner has the legal right to make decisions on your behalf.
Don't wait until a Problem Occurs
The mistake most people make is in waiting until a problem comes up. Even if you and your partner are in excellent financial and physical health, a sudden change of events could jeopardize everything you've worked hard to build. Avoid legal complications - plan now by contacting us today.
For a free initial consultation with Barreto & Romero, P.A. call (305) 358-1771 or send us an e-mail. Located in Miami, Barreto & Romero, P.A. serves clients throughout South Florida in estate planning, administration, and litigation matters.
More information about wills, trusts, and other estate planning vehicles can be found at our Wills and Trusts Information Center.
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