LGBT Estate Planning: Why Couples Must Put Everything in Writing
LGBT estate planning is crucial for couples who will be leaving behind assets after they die and care what happens to them. With a will acting as the crux of the estate plan, you are able to protect your family in the future as well as being able to designate who receives what after you are gone, eliminating as much conflict as possible between heirs—along with providing for any minors, setting up guardianships, and designating an executor.
Same Sex Couples Often Have Unique Concerns
As you go through the estate planning process, you may want to discuss many of the details with your family. Whether you are still very healthy and organizing for the far-off future, or whether you may be ill and concerned about what may happen, opening a conversation with your family about end-of-life plans can be a solid mechanism for helping everyone cope better later. And while estate planning requires many details, and brings up concerns and many questions from most individuals, the LGBT community often has a handful of unique legal points to consider also. With the help of a skilled estate planning firm like Scriber Law Group, you can be assured that your legal needs will be covered comprehensively.
Make Sure Your Plans Are Legally Binding with a Comprehensive Estate Plan
For any plan you want to be considered binding in the future, an attorney will tell you to put it in writing. With estate planning, and for the LGBT community especially, it is important to take this to the next level not only with expert legal advice but also making provisions for any complex requirements relevant to same-sex couples.
Marriage may be legal for same-sex couples in Georgia, but there are still complications and areas of vulnerability to manage. There could be complications with previous marriages that may or may not have been recognized legally, previous marriages to heterosexual partners, and concerns regarding adoption of children. Along with making a clear estate plan, the key is to make sure no one feels compelled to contest it later due to law favoring the biological family over the partner.
Along with creating a will and protecting assets and beneficiaries, you can choose a power of attorney so that your wishes are carried out as designated. You may also want to set up a trust with your partner, allowing for less risk of probate later. Health matters and deciding who you want making decisions for you if you are incapacitated should be firmly outlined as well in the advance directive for health care. Not only can you name an agent, but you can also decide on many details ahead of time, such as whether you want life support, to be resuscitated, tube feeding, and more.
Contact Us for Help Now
Without proper estate planning, you relinquish important control over your property. While this may affect how your family will inherit your assets later, it could also leave your assets open to creditors. Contact Scriber Law Group for a free consultation. We can give you the important information you need regarding LGBT estate planning and trusts in Georgia, as well as answering any questions. Call (404) 939-7562 or contact us online for a free consultation.
