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Estate Planning for Same-Sex Couples: Unique Considerations and Strategies

Estate planning is an essential process for everyone, but it can be especially complex for same-sex couples. In this article, we'll explore the unique considerations and strategies that same-sex couples should keep in mind when planning their estate. At Heritage Law Office, our experienced estate planning attorney will thoroughly review your needs and wants when planning your estate and provide an outline of your best options. Contact us either online or at 414-253-8500 to schedule a free consultation today.

Understanding the Legal Landscape for Same-Sex Couples in Estate Planning

The Impact of Marriage Equality

In recent years, the legal landscape for same-sex couples has evolved significantly. The landmark Supreme Court decision in Obergefell v. Hodges in 2015 established marriage equality nationwide, granting same-sex couples the same legal rights and protections as heterosexual couples. This ruling has had a profound impact on estate planning for same-sex couples, as it allows them to take advantage of many of the benefits previously reserved for heterosexual couples.

State-Specific Laws and Regulations

Despite the federal recognition of same-sex marriage, it is essential for same-sex couples to understand their state's specific laws and regulations when it comes to estate planning. Some states may have additional protections or requirements that affect estate planning strategies, so it's crucial to work with an experienced attorney who is knowledgeable about your state's laws.

Key Estate Planning Strategies for Same-Sex Couples

Wills and Trusts

A well-drafted will is the foundation of any estate plan. For same-sex couples, it is essential to ensure that your will clearly outlines your intentions regarding the distribution of your assets and the guardianship of any minor children. Additionally, creating a trust can provide further protection and control over your assets, allowing you to designate a trustee to manage and distribute assets according to your wishes.

Power of Attorney and Health Care Directives

Establishing a durable power of attorney and health care directive is crucial for same-sex couples. These documents allow you to designate a trusted individual to make financial and medical decisions on your behalf in the event of your incapacity. It is especially important for same-sex couples to have these documents in place, as they can help prevent family members from contesting your chosen decision-maker.

Titling Assets and Beneficiary Designations

Same-sex couples should carefully consider how their assets are titled and ensure that beneficiary designations on financial accounts and life insurance policies are up to date. Jointly titled assets with rights of survivorship can help ensure that property passes seamlessly to the surviving partner without going through probate. Additionally, updating beneficiary designations can help prevent unintended consequences, such as an ex-partner receiving assets after a breakup or divorce.

Tax Planning

Same-sex couples should also consider the tax implications of their estate planning strategies. Married same-sex couples can now take advantage of the unlimited marital deduction, allowing them to transfer assets to each other without incurring federal estate or gift taxes. However, it is essential to consult with a knowledgeable attorney and tax professional to navigate the complexities of tax planning for your specific situation.

Contact an Estate Planning Attorney for Same-Sex Couples

If you're part of a same-sex couple seeking estate planning guidance, contact our experienced attorneys at Heritage Law Office by using the online form or calling us directly at 414-253-8500. Our knowledgeable team will work with you to develop a comprehensive estate plan that addresses your unique needs and goals.

Contact Us Today

For a comprehensive plan that will meet your needs or the needs of a loved one, contact us today. Located in Downtown Milwaukee, we proudly provide legal advice to those in Milwaukee County and surrounding communities.

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Milwaukee, WI 53202
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