While the 2015 Supreme Court ruling to legalize gay marriage may feel as though it happened many years ago, many LGBTQIA+ couples across America still feel the effects of life before Obergefell vs. Hodges. Additionally, many of these couples still don’t have the same rights and laws in place to protect them, especially in terms of estate planning. Whether it be push-back from unaccepting family members or issues with same-sex couples adopting children, you want to make sure your assets are safeguarded and distributed according to your wishes. Let’s take a look at a few estate planning tips for same-sex couples so that you can protect what matters most.
Ensure Past Relationships Are Dissolved
Upon passing, assets will be directly distributed to a spouse first. This is excellent news for those who were married after 2015 but not so much for those who married and divorced before then. Before 2015, some states did recognize same-sex marriage, and some couples would live in those states to get married. If they later broke up and moved out of state without going through the right divorce proceedings, the state may still consider the pair to be married. Some states even converted registered civil unions into legal marriages.
Have a Last Will and Testament
Having a final will and testament should be non-negotiable, especially if you’re not married. A will is a legal document that gives you the ability to determine who will inherit what assets, who will care for your children, and who will enact these wishes. If you pass on without having a will, your state will determine who will receive your assets through their state laws of intestate succession. You also want to make sure that your will specifies who you want to take care of your children, biological or adopted, and how.
Consider a No Contest Clause
LGBTQIA couples that suspect there will be some contest over their will should consider including a no-contest clause. For many same-sex couples, this is the most important estate planning tip, as many have some form of a disgruntled family member who may protest. Essentially, if an unhappy relative contests your will in court during the probate process and loses, they get nothing out of your will. It forces the person looking to contest your will to ask if it’s worth losing everything they might inherit from you.
Assign the Necessary POAs
There are three Power of Attorneys (POAs) you need to have: a statutory durable POA, a medical power POA, and a POA to dispose of remains. A statutory durable power of attorney, or a financial power of attorney, gives an assigned person the ability to handle your finances for you if you become incapacitated. A medical power of attorney will make your health decisions for you if you can’t, and a power of attorney to dispose of remains will enact how you wish for your remains to be disposed of.
If you still have questions or need help forming a solid will and testament with all the legal trimmings and protections, contact Northern Legal today. We’ll put you in contact with one of our experienced wills and estates lawyers to ensure that your wishes are enacted as you planned.