Protect Your Rights: Estate Planning for Same-Sex Couples in Uncertain Times
Laws and politics may change, but your love and commitment remain constant. Yet, with the shifting political landscape, many same-sex couples worry about whether their rights, assets, and relationships will always be legally recognized.
The good news? No matter what happens at the federal or state level, a strong estate plan gives you the legal protections you deserve.
Why Estate Planning Matters More Than Ever
Same-sex marriage is currently protected by federal law, but if those protections are weakened in the future, it could impact:
✔ Estate tax benefits – Right now, married couples can transfer unlimited assets to each other without estate tax. That could change.
✔ Social Security benefits – Spousal and survivor benefits provide key financial security, but they depend on marriage recognition.
✔ Retirement accounts – Spouses can inherit 401(k)s and IRAs with special tax advantages that may not apply if marriage laws change.
✔ Healthcare rights – If your marriage isn’t recognized in certain states, hospitals could deny your spouse decision-making power in a medical crisis.
Essential Protections for Same-Sex Couples
Even if marriage rights remain intact, a Life & Legacy Plan ensures your wishes are honored and your loved ones are protected. Key elements include:
✅ Trust Planning – Avoid probate and control how your assets pass to your spouse, even if laws change.
✅ Healthcare Directives – Legally name your spouse to make medical decisions on your behalf.
✅ Power of Attorney – Ensure your spouse can manage finances if you become incapacitated.
✅ Beneficiary Designations – Regularly update retirement accounts, life insurance, and digital assets to avoid legal complications.
✅ Cohabitation Agreement – If marriage protections change, this legal contract defines financial rights and property ownership.
Take Control of Your Future Now
Waiting to see what happens with the law is a risk. A well-crafted estate plan protects you no matter what the future holds—while also avoiding probate, reducing taxes, and ensuring your wishes are honored.
📅 Schedule a complimentary 15-minute consultation today to secure your future.
This article is a service of Starsia Law, a Personal Family Lawyer® Firm. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Life & Legacy Planning Session™, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love.
The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer® firms, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.