Now that the Supreme Court has validated same sex marriage across the country, LGBTQ couples need to consider how marriage will affect their estate. The laws regarding the distribution of property between spouses are different than those affecting unmarried partners. Same-sex spouses can now take advantage of laws that affect their rights to a share of their deceased spouse’s property. For example, even if both spouses have a will, a married person can reject their spouse’s will and claim a share of the spouse’s estate that is different from what was provided for in the will. In addition to the distribution of property, same-sex spouses may also be concerned about the impact of the Supreme Court’s ruling on living wills and powers of attorney.
Estate planning and probate issues are frequently very complicated. Same sex couples who get married are now faced with an entirely different set of laws that affect what happens to their property upon their death than they were prior to the Supreme Court’s recent action. If you have questions about estate planning and the changes that you and your partners are facing as a result of Obergefell v. Hodges, give the attorneys at Johnson Bowman Branco, LLP a call today.