LGBTQA ESTATE PLANNING

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.

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.

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.