People across Florida, the nation, and the world were shaken by the horrific attacks on Orlando’s Pulse nightclub earlier this year. In an effort to help the families of the victims get through an inconceivably difficult time, the OneOrlando Fund was created to help relieve the financial burden that the horrific events presented. The nonprofit organization raised $29.5 million for those relatives. However, questions quickly arose as to what family members would receive the contributions.
There are at least a handful of claims which will reportedly need to be turned over to probate court, as disputes have arisen between parents and partners over who will be awarded the funds. In instances where the partners were not legally married and no will was established, it is likely that the court will side in favor of the parents. Furthermore, even partners who lived together will have difficulty proving the court should rule in their favor, as common law marriage was abolished in the state of Florida in 1968.
The Need for a Living Will
More than anything, these disputes have made evident the importance of establishing a living will. Whether partners are legally married or not, a will should clearly state who inherits assets, financial or otherwise. More importantly, those requests will be honored.
Regardless of age or health, wills are important legal documents to have in place. This is particularly true when there are children involved, as in the case of some of the surviving partners of this tragedy. Crafting a will is essential for dealing with the legal issues which will undoubtedly arise when someone passes. Lacing clear-cut answers to said questions can make an already difficult situation all the more so, as has been the case with the disputations over the OneOrlando Fund.
If you have questions about Florida probate law, a Miami probate attorney at Graham Legal is here to help. Call our office today to speak with a member of our skilled team.