Wills, Trusts, Asset Protection and Estate Taxes
As far as the Commonwealth of Massachusetts is concerned, same-sex spouses are no different than their straight counterparts in estate planning, probate and family law matters. However, the federal government does not yet recognize same-sex marriage or civil unions. This can create unique problems for gay or lesbian spouses regarding inheritance, business succession, taxation and divorce.
The Boston estate planning attorneys of Cushing & Dolan, P.C., provide knowledgeable counsel to same-sex couples to ensure that their rights, wishes and entitlements are respected in the event of either spouse's disability or death. We can also anticipate any specific planning considerations arising from the paradox of being legally married under Massachusetts law, but nothing more than "roommates" under federal law.
Schedule a free consultation today.
Estate Planning for Gay and Lesbian Couples
Our experienced lawyers are well-versed in all areas of the law in which same-sex couples need careful planning, such as:
- A will declaring who inherits and naming guardians for minor children
- Powers of attorney
- Health care proxy
- Living will
- Trusts to protect your wealth from taxes, creditors and probate
- Long-term care planning, including Medicaid planning
- Prenuptial agreements
- Implications of same-sex marriage for federal estate taxes
- Implications for Social Security benefits or federal pensions
Massachusetts law confers all the rights and obligations of marriage. Yet, without explicit estate planning for same-sex couples, relatives or the government may pose a threat to those assumptions. For example, if you do not have a will and other estate planning documents, or you relocate to another state that does not recognize same-sex marriage, important decisions may be left to your relatives or the court regarding these matters.
Estate plan lawyers at Cushing & Dolan, P.C., can ensure that your wishes are respected by creating a will, power of attorney, health care proxy and other estate planning vehicles.
Call Cushing & Dolan at 617-523-1555 or contact us online to schedule a free consultation. We have seven convenient office locations in Greater Boston and surrounding counties.