Customized Estate Planning Solutions for Non-Traditional Families
Estate planning is not always the most comfortable subject to discuss, but having the right plan in place will ultimately bring you comfort and peace of mind. Altman & Associates understands the complexity and potential pitfalls facing same-sex or otherwise non-traditional couples regarding estate planning.
Maryland and many other states have legalized same-sex marriages. Unfortunately, legislative changes in some states do not address the unique Estate Planning issues Same-Sex Couples face. Our team is experienced in providing sound legal strategies to same-sex couples.
Under Maryland law, married couples are now treated as married couples — whether they are same-sex couples or not. That also means that members of the LGBT community who are married are now subject to Maryland's intestate succession laws about surviving spouses. Therefore, you must now carefully consider how you want your estate apportioned between your spouse, children, and family members.
If you do not have a will in place, the State of Maryland will distribute your estate, so it is not always highly beneficial to the surviving spouse. Also, members of the LGBT community should consider the impact of this new legislation on both their and their extended family's estate plans. How do your estate planning documents and the estate planning documents of your parents and extended family apply to your children? The language of these estate planning documents includes adopted children and children born through surrogacy.
Even if your marriage and your rights are recognized under state law, other jurisdictions have different laws and regulations. What if you move to a state that does not recognize same-sex marriage, or experience a medical emergency in a jurisdiction where you may not automatically make medical decisions for your spouse? Having a comprehensive estate plan, reflecting both you and your spouse's wishes, will allow you to navigate these unfortunate circumstances and provide for you and your spouse.