Estate planning is not just a necessity, but a powerful tool that empowers same-sex couples to take control of their future. Let’s explore why it holds even greater significance for you:

Legal Recognition of Relationships: Since the U.S. Supreme Court recognized same-sex marriages as legal in all 50 states (Obergefell v Hodges, 576 U.S. 644 (2015)), same-sex couples now have the same rights as heterosexual couples. These rights include the automatic right to inherit property from a spouse and the ability to make medical or financial decisions for each other. Estate planning ensures these rights are protected.

Guardianship and Medical Decisions: Same-sex parents face unique estate planning concerns regarding children. Designating guardians
for minor children in your will is essential. Without a will, the courts may choose guardians who may not align with your wishes. Adopting the child should also be considered to establish a legal relationship and prevent custody battles.

Real Estate Ownership: It’s not just important; it’s crucial to review and update real estate documents, especially for property purchased before marriage equality was legalized (before 6/26/2015). By updating the deed to reflect both spouses as “tenants by the entireties” of the property, you ensure ownership aligns with your wishes. Also, it entitles you both to all the creditor protections afforded to married persons who own real estate together.

Asset Protection and Distribution: Estate planning is not just about protecting your wealth, but also about ensuring your loved ones receive their rightful share. It’s a proactive step to plan for the unexpected and secure your family’s future.

Planning for Incapacity: Estate planning helps you communicate your wishes regarding financial decisions, healthcare decisions, funeral arrangements, and more.

Remember, estate planning is your shield, providing peace of mind and a sense of security that your family is protected.

Contact Sandy Hughes O’Brien and the dedicated attorneys at the Estate Planning Law Group to schedule a consultation. Our offices, located in Metro Detroit and Grand Rapids, serve all Michigan residents.

Phone: 734-884-3914
Email: sandra@eplg.law
Website: www.eplg.law