The U. S. Supreme Courts recent landmark ruling in Obergefell v. Hodges not only made it lawful for same-sex couples to marry in all 50 states, it also opened the doors for these couples to obtain all of the same-sex estate planning advantages once only available to married heterosexuals.
Most gay couples are now sighing with a deep sense of relief, knowing that they can now make sure their new rights benefits all of their immediate family members.
Past Injustices Will No Longer Continue
Many gay couples are now sharing stories with the press that once didnt seem to matter to the rest of the population. For instance, up until now, if same-sex couples, got married out-of-state, they could get the federal benefits of marriage but their home state could still deny them the benefits of marriage under state law.
This meant that they could file a joint federal income tax return, but they still couldnt file a joint return for any state taxes they might owe. However, they had to endure far more negative restrictions when doing any estate planning in the past.
Full Range of Estate Planning Choices Now Available to Married, Same-Sex Couples
Fortunately, the Supreme Court decision in Windsor in 2013 made it possible for same-sex couples to start benefitting from the spousal exclusion estate planning principle that had long allowed married heterosexual couples to leave one another property without paying estate taxes at the first death.
Now that Obergefell v. Hodges has been handed down two years later, the Supreme Court is making it possible for same-sex couples to benefit from this same right at the state level . . . [and theyll] also have the right to inherit property under a states intestacy statute that kicks in if theres no Will.
How Obergefell v. Hodges Expands Certain Parental Rights
Prior to this 2015 decision, many same-sex couples had to do battle with state adoption laws like those in Michigan that stated that no adoption could include two same-sex parents.
This meant that the couple had to divide up who adopted each child in some cases. Had any of these couples lost one another through death, one or more of their children might not have had a legal parent left. Obergefell makes it certain in these cases, that married same-sex parents will have fully recognized rights regarding legally adopted kids.
Both adoptive parents can now tell schools, hospitals, doctors or anyone else that they are the legal parents of all of their same-sex adopted children. This also means that these children can inherit any type of gift from both parents under their Wills, trusts, or other estate planning tools. April DeBoer and Jayne Rowse of Michigan, profiled in a recent Forbesarticle, are among the many same-sex couples who are very pleased with the way the Obergefell v. Hodges decision can benefit their family.
Other Topics to Explore with Your Minnesota Estate Planning Attorney
Hopefully, all married same-sex couples, especially those with children, are now setting up appointments with their lawyers so they can take advantage of every estate planning tool that may help them in the future.
While some may be eager to create joint marital trusts, others may just appreciate knowing they now have a recognized legal right to make all funeral arrangements once one of them passes away. In the past, the surviving partner was often forced to allow members of the deceased persons family of origin handle such matters even when they had very little ongoing contact with the deceased.
Once you personally meet with your attorney, be sure to ask for a comprehensive listing of the many estate planning tools that are now available to you. Your lawyer will be eager to help you fully provide for your spouse and children as America continues to broaden its understanding of why all marital rights should include all legally married couples.
Minnesota Wills & Trusts Lawyers
Free Initial Consultations
Contact the Flanders Law Firm today. The firm offers free estate planning consultations to all potential clients. Call(612) 424-0398.
