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For a long time, LGBTQA couples faced discrimination under the law, which made estate-planning so much more essential as it permitted their families to enjoy the same protections as straight couples. With the Supreme Court’s recognition of the right to homosexual marriage, estate planning has become easier. However, while the law has changed, there are still unique issues faced by many LGBTQA couples trying to ensure their partners and children are protected today, tomorrow, and in the future.

Barbara M. Pizzolato, P.A. can help you create a comprehensive estate plan that provides the security you and your loved ones deserve. Call today to speak with an experienced Southwest Florida estate-planning attorney who will help you protect the people you and love and the assets you own.

Why is LGBTQA Estate Planning Important?

Although LGBTQA couples can now legally marry, not everyone will choose to take advantage of that opportunity. If you are in a committed relationship and choose not to be legally wed, you will need to create an estate plan giving your partner power of attorney and legal authority to access your medical information and act on your behalf if you become incapacitated. Your plan should reduce tax liability and protect your partner’s rights to shared property.

Even if you marry, estate-planning is still important — just as it is for any married couple. When LGBTQA couples have kids, only one parent can be registered as the natural parent. While adoption can create a legal relationship, it is not always pursued, so special steps must be taken to ensure that children are appropriately accounted for in an LGBTQA estate plan.

What is involved in LGBTQA Estate Planning?

LGBTQA estate planning must be tailored to the couple and their family situation. Some of the major components that your estate plan may include:

  • the creation of Wills and Trusts to ensure seamless asset transfers and reduce estate taxes;
  • the creation of a Durable Power of Attorney to ensure an Agent is chosen to take action on behalf of either partner in the event of incapacity; and
  • the drafting of various protections for minor and adult children, ensuring their guardianship is clear and that they can inherit assets from both parents.

Barbara M. Pizzolato, P.A. can help you take advantage of these and other powerful legal protections to protect the people you love and the assets you own through a custom estate plan.

How Can Barbara M. Pizzolato, P.A. Help YOU?

Our attorney, Ms. Pizzolato, has a deep understanding of the new rights that LGBTQA couples can enjoy following the Supreme Court’s decision on the legalization of gay marriage. Whether you choose to exercise this newfound opportunity or not, call today to work on a estate plan tailored to your specific needs and goals.

Fort Myers (Main Office):

8660 College Pkwy

Suite 400

Fort Myers, FL 33919

P: (239) 225-7911

F: (239) 221-0279



By Appointment only

New Jersey Office:

c/o Richard A. Feldman, Esq.

80 Main Street, Suite 140

West Orange, NJ 07052

P: (866) 817-4713

F: (239) 221-0279

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