Estate Planning Considerations Specific to Same-Sex Marriage in Massachusetts
Same-sex marriage in Massachusetts, which gives spouses state-level marriage rights, was such an enormous step in advancing basic civil rights for LGBT people. Yet it is easy to overlook the fact that same-sex spouses still do not have all the benefits of marriage, particularly for matters controlled by federal law and when traveling outside of Massachusetts. In addition, there is the ever-present threat that action by the courts, the Massachusetts legislature or Congress could curtail or alter the marriage rights of same-gender couples and GLBT people at any time.
Lifetime and Estate Planning for lesbian and gay spouses requires particularly intricate drafting to take full advantage of spousal rights under Massachusetts law while still dealing with the fact that federal law does not acknowledge your relationship and treats same-gender spouses as if they were strangers. In particular, people in same-sex marriages face many federal gift and estate tax provisions that do not apply to opposite-sex spouses. We encourage you to contact us to learn more about how we can work together to create security and peace of mind for you, your spouse, and any others who are important in your life.
Providing for each other's security (not only during good times, but also in the event of a serious accident, illness or other worst-case scenario) is the best way to build on the commitment you and your spouse share. If you have children , you also need to make provisions so your children will be cared for by whom you choose if something were to happen to you. For some couples, creating a life insurance trust is an effective way to provide financial resources to a same-sex spouse, who is not eligible for surviving-spouse benefits under Social Security and other federal benefit programs.
At Kraft Law Offices, since such a substantial part of our practice focuses on the unique and complex legal position of lesbian and gay spouses, addressing the issues most important to you is a routine part of our work. We are attuned to both the legal and personal issues involved in creating effective legal security for each other. We start from the same perspective as you do, and guide you though the issues and options you need to consider, so working with us is easy and comfortable.
Massachusetts estate planning lawyer Rick Kraft has built his practice by focusing on the needs of couples in same-sex marriages. To learn more about how best to create security for yourself, your spouse and other people close to you, please contact us so we can discuss your individual situation, concerns and goals.
