In Florida, last wills are not filed until death. Living trusts can provide an extra level of privacy. Trusts do not need to be recorded; but some are. Even if you make a trust, you need a last will. Describe your relationship with your life partner as more than roommates. Although out-of-state agents may serve in certain capacities, appointing residents of Florida is usually preferred; and depending on your family dynamics may be required.
LGBT powers of attorney.
Not all powers of attorney are durable. Make sure yours is. Some powers are limited or special while others are general. Depending on whether you pool your assets and other considerations you and your life partner may decide to limit the time when your power of attorney becomes effective.
Lesbian and gay living wills.
Remember Terri Schiavo? Put your living will wishes in writing. Designating a health care surrogate alone is not enough. Do you want one person or several to speak on your behalf? Are the persons you name comfortable speaking with physicians? If you name conditions specifically, what happens if you have one that is not listed? Have you taken measures to guarantee that you will not feel pain when the health care professionals remove life support, if that is your choice? Should you name surrogates who live outside of Florida as alternates?
Dead human body.
Are you familiar with Florida's Statutes regarding who is permitted access to your dead human body? If you have no specific writing, will those persons carry out your wishes? Do you want your partner to disburse ashes immediately after you die or together with your partner at their death? Who gets custody of your ashes? Who controls the actual funeral arrangements and service? Are there religious concerns? Have you addressed these and other concerns within your declaration?
Probate.
Will your estate be subject to probate? Many people die in Florida without probate administration and this happens in well-planned estates even when no living trust exists. Who pays your partner's bills at their death and do you owe any part of those bills? What if creditors attempt to collect from what you believe is protected homestead property? How is your real estate titled? Have either of you filed bankruptcy and how does that affect property, if at all?
Pet trusts.
Who makes certain your pets are cared for if you die together? Are there guarantees or safeguards? Will they be cremated and buried with you? What if you acquire additional pets or your current ones predecease you?
Name changes.
Can I do this myself? Are there new criminal background requirements in Florida? Should I hyphenate my name? Why did the courthouse clerk read me the riot act when I showed them my same-sex marriage license from another state which changed my name? Does the court care what name I choose? Will the name change affect my kids (i.e. intestate statute or my last will referencing another name) in Florida?
Injunctions for domestic violence.
I have no written partnership agreement because I think they are like prenuptial agreements. We own a house together without a written agreement. Why did the court temporarily enjoin me from living in a house which has my name on the deed and which I believe is one half my property although I have no agreement to prove that? Will I ever be able to move back into a house which I believe is one-half mine if neither one of us is able to refinance it and my partner refuses to sell it? How long might it take for my partner to realize that selling the house for a loss or filing bankruptcy might be our only options? Is stalking covered under domestic violence? Why was or was not an injunction granted based only on my testimony against my partner's testimony?
Mediation.
Is mediation the same as alternative dispute resolution? Do I have to participate in mediation if the court orders it? Is mediation cheaper than litigation and when does it make sense to mediate rather than litigate? If I choose not to mediate, what might I gain or lose from litigation versus mediation?
