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Home >> Estate Planning for LGBTQ Couples

Estate Planning for LGBTQ Couples

August 27, 2019 by Andreas Kulas

Vero Beach LGBTQ estate planningHaving at least a basic estate plan in place should be a goal for every adult. If you are part of an LGBTQ couple, the need for estate planning is heightened as are the benefits you will enjoy from having a plan in place. To ensure that you understand the importance of estate planning, a Vero Beach estate planning attorney at Kulas & Crawford discusses the continued need for LGBTQ estate planning.

Marriage Equality – Finally

Until recently, laws across the country banned same-sex couples from marrying and refused to recognize same-sex marriages performed in states or countries where it was legal to marry. Furthermore, most state and federal benefits refused to recognize a same-sex marriage, meaning same-sex spouse’s did not enjoy benefits their opposite sex counterparts did. That all changed – finally – in 2015 with the historic Supreme Court decision in Obergefell v. Hodges.  In that case – which actually started as an estate planning issue — the Supreme Court of the United States finally put to rest the issue of same-sex marriage by declaring that marriage was a fundamental right that states cannot infringe upon. The practical result of Obergefell was that same-sex marriage must now be allowed in every state.

Practical Problems Following Obergefell

The victory in Obergefell was unquestionably a turning point for LGBTQ rights. Nevertheless, it has caused some short term confusion that highlights the need for estate planning.

Prior to the Supreme Court decision, some same-sex couples who were married in a state that recognized their marriage subsequently moved to a state that did not recognize same-sex marriage, and then separated.  Because they were now living in a state that did not recognize same-sex marriage, they never bothered to file for divorce. Now that the law requires all states to recognize same-sex marriage, they are still legally married in every state —  and may not even realize it.

Another potential source of confusion occurs when a same-sex couple registered in a state that only offered an alternative to same-sex marriage, such as a civil union. After the Obergefell decision, some states automatically converted civil unions, domestic partnerships, and other alternatives to legal marriages.  Once again, this has created a situation where a same-sex couple could be unaware of the fact that they are legally married.

The end result for some LGBTQ couples is that the rights and benefits conferred on a legal spouse may now belong to someone with whom you ended a relationship some time ago. Fortunately, estate planning tools and strategies can be used to ensure that the confusion following Obergefell does not result in problems for you or your estate down the road.

The Ongoing Need for LGBTQ Estate Planning

While the importance of the marriage equality victory cannot be overemphasized, the need for a comprehensive estate plan remains. If your family has not yet accepted your LGBTQ marriage or relationship, for example,  your spouse/partner could be shut out of the decision-making process entirely in the event of your incapacity or death. Moreover, a costly and painful legal battle could ensue, causing irreparable harm to everyone involved. Fortunately, both the emotional and monetary cost of litigation can be avoided by making it clear in your estate plan who you wish to inherit from your estate, who you wish to administer your estate, and who you wish to make decisions for you in the event you are unable to make them for yourself at some point in the future.

Until the law, and society, finally grant complete equality to members of the LGBTQ community, estate planning will remain important as it can do what the law and society have yet to completely accomplish.

Contact a Vero Beach LGBTQ Estate Planning Attorney

To learn more, please join us for an upcoming FREE seminar. If you have additional questions or concerns about estate planning for LGBTQ couples, please contact an experienced Vero Beach LGBTQ estate planning attorney at Kulas & Crawford by calling (772) 398-0720 to discuss your legal options.

Filed Under: LGBTQ

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Mr. Kulas and his staff have been extremely helpful & knowledgeable for the over 3 years we have been associated. They are easy to talk to and explain everything without feeling rushed. Very competent and professional.

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Robert Kulas and staff made making a will an easy to understand process. They were very knowledgeable and attentive to my wishes. All my documents were provided in an organized binder which will be a great asset to my family. I would definitely recommend them.

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Everyone treated us extremely well.  Robert explained how a trust works and the benefits of having one.  We decided to move forward and complete the process.  He was very kind and knowledgeable.  Julie was also very helpful and very patient with our questions.  We felt very comfortable with this firm handling our affairs.  We would highly recommend this firm to our friends and family.

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"Everyone treated us extremely well.  Robert explained how a trust works and the benefits of having one.  We decided to move forward and complete the process.  He was very kind and knowledgeable.  Julie was also very helpful and very patient with our questions.  We felt very comfortable with this firm handling our affairs.  We would highly recommend this firm to our friends and family."

Janice M
Client Review
August 25, 2020
    

Robert Kulas and staff made making a will an easy to understand process. They were very knowledgeable and attentive to my wishes. All my documents were provided in an organized binder which will be a great asset to my family. I would definitely recommend them.

Krissy L.
Client Review
August 25, 2020
    

I have worked with Mr. Kulas & staff before. And they are very professional. I am very satisfied with Mr. Kulas and his staff and give them the highest satisfaction and 5 star rating.

Leo C.
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Mr. Kulas and his staff have been extremely helpful & knowledgeable for the over 3 years we have been associated. They are easy to talk to and explain everything without feeling rushed. Very competent and professional.

Mildred W.
Client Review
August 25, 2020
    

I have known Robert Kulas for 20 years since I was co-executor for friends who had Mr. Kulas prepare a Trust for them. When I felt I needed a trust also, I came to him. I have always been completed satisfied with his work and that of his charming, competent staff.

Joan C.
Client Review
August 25, 2020
    

We began our estate plan process in 2004 (12 years ago) and have been pleased with the periodic reviews we have gone through and when changes have been needed the firm has been thorough and professional in making those changes.

L.G.K.
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