Estate Planning for Same-Sex Couples in Putnam County
Comprehensive Estate Planning for LGBTQ+ Couples
If you are a same sex couple, you may be unsure how New York estate planning laws can protect you and your family. With laws seeming to change constantly, you need an attorney who has significant experience in estate planning for same sex couples. Our law firm has comprehensive experience helping same sex couples with all aspects of estate planning and recognizes the nuances involved with same sex divorce, adoption, or other unique needs.
The Feller Group, P.C. is a Putnam County law firm dedicated to assisting LGBTQ+ couples with their legal matters, enabling them to face the future with confidence and security. Contact our law offices today to schedule a free, 30-minute case evaluation to learn more about our legal services.
Does Same-Sex Marriage Provide Automatic Inheritance Rights in New York?
One of the most common worries for gay and lesbian couples concerns whether they have the same inheritance rights as heterosexual couples. Under New York law, the surviving spouse of a same sex marriage enjoys the same inheritance rights under the state’s intestate succession laws if the other spouse did not leave a will.
These rights include the right to inherit a portion of the estate if their spouse dies without leaving a will, as well as personal property. Although New York law provides same-sex couples with built-in legal protections regarding their inheritance rights, it is still advisable to create a custom estate plan to help avoid potential family disputes.
A comprehensive estate plan that includes a will, revocable or irrevocable trust, power of attorney, and other essential legal documents can ensure that your final wishes are honored when one spouse passes away.
What Happens to Unmarried Partners Under New York Intestacy Law?
New York State’s intestacy laws stipulate that unmarried partners are not entitled to inherit if their partner does not leave a will, regardless of the duration of their relationship.
As with unmarried heterosexual couples, the decedent’s family will inherit according to the state’s intestacy laws. These laws follow a legal hierarchy that prioritizes children, parents, and siblings in that order.
If you are unmarried and in a same sex relationship, there are specific steps you can take to protect your partner, which include:
- Create a will: Creating a will is an effective method to ensure that your partner is named as an heir and your final wishes as to how your assets should be distributed
- Establish a trust: A trust is also a proven strategy to make sure that your partner receives an inheritance. A trust can also help your partner avoid costly and time-consuming probate
- Beneficiary designations: Naming your partner on your life insurance policies and retirement accounts also provides them with financial resources that they may need after you pass away
- Jointly owned property: A joint tenancy with rights of survivorship is a legal tool where a property is titled in the names of both partners and automatically passes to the surviving partner upon the death of the other. Jointly owned property is also exempt from the probate process
What Other Unique Legal Documents Are Vital for Same-Sex Couples?
In addition to a will, jointly owned property, and beneficiary designations, there are several other legal documents that same-sex couples can utilize when estate planning. Many unwed same sex couples choose to enter into a cohabitation agreement that provides legal guidance regarding property, assets, and expenses should they separate or die.
Nevertheless, whether you are married or unmarried, other essential estate planning documents include:
- Durable power of attorney (DPOA): A DPOA is a legal document that assigns the agent of your choice to handle your financial matters. Because it is “durable,” that means that it will remain valid even if you become incapacitated and cannot speak for yourself
- Healthcare proxy: Also referred to as a medical power of attorney, this estate planning document designates your appointed agent to make medical decisions for you should you be unable to communicate your wishes
- Living will: A living will states your preferences for end-of-life care and helps to eliminate any guesswork as to your final wishes regarding treatment
- HIPAA authorization: Because of the state’s strict medical privacy laws, having a HIPAA authorization is essential, as it allows medical staff to speak with a spouse or partner so they can make informed decisions
How Do New York Estate Planning Laws Protect Children Born Through Assisted Reproduction for Same Sex Couples?
One of the unique challenges that many same sex couples worry about is how they can protect their children born through Assisted Reproduction Technology (ART) concerning estate planning. Additionally, many couples are also concerned about protecting children from previous relationships.
The Child-Parent Security Act (CPSA) acts as an extensive legal framework that establishes parental rights for parents who use ART for same sex and heterosexual couples. The CPSA provides parents with “pre-birth” orders that establish legal parentage before the child is born. The CPSA additionally grants “post-birth” orders that safeguard the parents’ legal rights at the moment of birth.
The CPSA creates a presumption of parentage and grants LGBTQ+ families peace of mind, knowing that their children enjoy the same rights when estate planning as those born to heterosexual parents.
Contact Our Law Firm Today to Learn More About Estate Planning for Same Sex Couples in Putnam County
If you are in a same sex relationship, you must prepare for the future and ensure that your partner and family are adequately protected. The Feller Group, P.C. is a law firm with comprehensive experience helping clients plan for the future, so they can have the peace of mind they deserve.
If you would like to learn more about estate planning or have questions, please contact our Putnam County, New York law offices today at 845-682-5572 to schedule a free, 30-minute case evaluation.