Progression of Pride
Pride Month is a time to celebrate the achievements of the LGBTQ+ community. A time to celebrate the love that has spread across the world and the progress that has been made, such as the landmark 2015 Supreme Court Case Obergefell v. Hodges. This case requires every state to recognize all marriages involving same-sex couples. This ruling has allowed same-sex couples to enjoy the same rights awarded to opposite-sex couples. Moreover, this case revealed that same-sex and opposite-sex couples share many of the same needs, particularly with Estate Planning.
Planning with Pride
There is an important distinction between being married and not being married. A married same-sex couple will receive benefits in the world of Estate Planning. Each spouse’s eligibility to make some important decisions for the other in the case of incapacitation or death. This can be true for financial and other health affairs as well. A married spouse will be eligible to receive some, but usually not all the assets from their spouse’s estate. But wouldn’t it be worthwhile to affirm your loving spouse is able to receive everything they deserve?
The distinction of an unmarried partner, but, is that they will not be eligible to make any decisions for your life and your estate without a plan in place. In the case of your incapacitation or death, the courts will usually appoint members of your family to act on your behalf, or the courts can choose their own appointee in some cases. This is worrying because you may not know the appointee, or you don’t believe they have your best wishes in mind, even if it is a family member. Unfortunately, this occurrence is far too common. Many beloved unmarried partners are excluded from important decisions in their partner’s life and estate.
Pride in your Partner
The best option to plan for your affairs is to create an Estate Plan. With a comprehensive Estate Plan, you will be able to appoint anyone you wish to a position in your plan. We call these appointees your “agents”. This means you may appoint your partner to any and every position you see fit. The positions that need to be filled include Beneficiary, Financial and Health agent, Executor for Will, and Trustee. As you can see, there are many considerations for your plan, and your partner, married or unmarried, who deserves to be included by your side. To find out more about LGBTQ+ planning, schedule a consultation with an Estate Planning attorney so you can protect the one you love.