Estate Planning Considerations for LGBTQIA+ Couples
Celebrating love and progress this Pride Month also means planning ahead! Understanding legal protections for LGBTQIA+ and non-traditional relationships is a powerful way to honor your love and legacy.
Legal Protections for Couples & Families
Marriage provides couples with key legal benefits, including joint property rights, tax advantages, and the ability to make medical decisions for one another. However, in New York State, unmarried couples (whether same-sex or heterosexual) don't receive these protections unless they officially register as domestic partners.
New York offers domestic partnership registration in certain counties and cities. This option grants some legal benefits, like hospital visitation rights, bereavement leave, and extended health insurance coverage through employers. However, it doesn't include federal tax benefits or access to federal programs like Social Security survivor benefits, which is an important factor for couples to consider when deciding whether to get married.
Property Rights and Legal Agreements
The legal ramifications of joint property and finances in unmarried relationships can be challenging, especially if a couple separates. The following legal documents are essential for everyone to have, including married couples, but are especially critical for those in unmarried or polyamorous relationships:
A Will or Living Trust: A well-drafted will or living trust ensures your assets are distributed according to your wishes. Trusts go a step further, allowing assets to bypass probate court. Both options provide a level of assurance that your partner is protected and your intentions are clear.
Power of Attorney: This document gives your partner the authority to make financial or legal decisions on your behalf, particularly in situations where you may be unable to do so yourself.
Health Care Proxies: Allow partners to make medical decisions on each other's behalf during emergencies.
Guardianship Plans for Children: For families with children, designating a legal guardian ensures parental rights are honored. Without this in your estate plan, the custody of your children may default to biological relatives, including those who may not be aligned with your family values.
Cohabitation Agreements: Outline property ownership, financial responsibilities, and other terms to avoid disputes.
Joint Ownership Agreements: Clarify who owns specific assets and establish terms for shared property rights.
Inclusive Legal Support is Important
Inclusive legal counsel is essential for LGBTQIA+ couples, polyamorous relationships, and non-traditional families. These professionals understand these families' unique challenges and provide personalized guidance to ensure everyone's rights are protected.
Whether creating cohabitation agreements for poly households, managing estate plans for LGBTQIA+ couples, or supporting transgender individuals with name changes and healthcare access, inclusive attorneys offer respectful and practical solutions. Working with counsel who values diversity ensures clarity, security, and the protection families need to celebrate their future confidently.
Build a Future Free of Legal Worries
Navigating marriage, property rights, and estate planning for unmarried same-sex couples and non-traditional relationships requires thoughtful consideration and the support of knowledgeable professionals. Legal protections ensure that your assets and family are protected no matter what challenges may arise.
Our team stands ready to provide you with welcoming, inclusive, and judgment-free legal counsel. Get in touch with our experts today and start securing your future with confidence.