Estate Planning for Same-Sex Couples

The Defense of Marriage Act (DOMA) previously made estate planning complicated for same-sex couples. Under DOMA, marriage was defined as being between a man and a woman. This meant that even though a same-sex couple was legally married in New York, they would not receive the same benefits married couples received at the federal level. For example, if one spouse passed away, the other spouse would be required to pay federal estate taxes as though he or she were not married.

With the recent Supreme Court ruling that this federal law is unconstitutional, same-sex couples can now enjoy the same rights and privileges that couples of the opposite sex have under federal law.

At the law firm of J&G Law, LLP, our attorneys can explain the recent changes to the law and how they may apply to your estate plan. We have extensive experience creating custom estate plans for clients throughout the Hudson Valley and New York. We have the knowledge and resources of a large firm, but you can also expect to receive the personal attention you would expect at a small firm.

To speak to an attorney about your estate plan, contact us online. We are your attorneys for life’s legal challenges.

How Is Estate Planning Different for Same-Sex Couples?

While New York and federal laws now recognize the rights of same-sex couples, this is not the case in every state. Many states across the country and nations around the world do not recognize the rights of gay or lesbian couples. As a result, it is important to work with an attorney if you are planning to move to another state or travel. For example, it may be beneficial to create a power of attorney in order to ensure that your spouse has the right to make medical and financial decisions for you if you become incapacitated.

No matter your specific situation, our lawyers will work diligently to understand your goals and help you create a tailored estate plan that meets your needs. We can assist with all types of estate planning documents and tools for same-sex couples, including:

  • Wills
  • Trusts
  • Powers of attorney
  • Living wills

If your loved one passes away, we can also help guide you through the probate and estate administration process. No matter the estate planning or administration issue, we can provide you with the support and representation you need.

Contact Us About Same-Sex Estate Planning for Gay and Lesbian Couples

To learn more about estate planning for same-sex couples in divorce, contact our office online to speak with an attorney. You can also call us to schedule an appointment for a consultation at 845-764-9656.