LGBTQ+ Estate Planning In Massachusetts

The Williams Institute estimates that there are approximately 14 million LGBTQ+ adults nationwide. Though, the true figure may be significantly higher as the community’s size can be difficult to estimate. LGBTQ+ people and couples may have some unique estate planning needs. At Fisher Law LLC, we have the experience to help LGBTQ+ estate planning. Here, our Boston estate planning lawyer highlights key points to know about LGBTQ+ estate planning in Massachusetts.

The First Question for Many People: Married or Unmarried 

Massachusetts was the first state in the entire country to officially recognize same-sex marriage. In Massachusetts, the legal recognition of relationships—most often marriage—has major implications for estate planning.

For married couples, assets generally pass smoothly to the spouse under state inheritance laws. Your spouse—as recognized by law—has automatic inheritance rights. However, unmarried partners lack automatic rights. If you are not married and you have a partner, you need to proactively include them by name in your estate planning documents for them to have rights. A will can ensure that your property is distributed according to your wishes. Without a will, your estate may default to next of kin—potentially excluding your (unmarried) partner. 

Parental Rights and Guardianship 

LGBTQ+ parents sometimes need to take extra steps to ensure their parental rights are protected—especially if only one partner is the biological or legal parent. If there has been a formal adoption, then both parents are legal parents and have rights. However, if there has not been a formal adoption, establishing guardianship through legal means can secure a non-biological parent’s rights in the event of the legal parent’s death. It is crucial in protecting the child’s right to remain with the non-biological parent. A lawyer can help. 

Charitable Giving and Legacy Planning 

Many LGBTQ+ people choose to leave a legacy through charitable giving, especially to organizations that support LGBTQ+ rights and welfare or other good causes. If this resonates with you, consider setting up charitable trusts or including charitable giving in your will. Such decisions not only benefit the charities but can also provide potential tax advantages. A Boston, MA estate planning lawyer can help you navigate charitable giving and legacy planning issues.

The Standard Estate Planning Questions Still Need to Be Answered

While LGBTQ+ estate planning can involve some unique issues, it is also important to emphasize that the standard issues that apply to all other people still need to be addressed. Indeed, there are more similarities than differences. Along with other things, a comprehensive estate plan may include any or all of the following types of documents:

• A will;
• A trust;
• Power of attorney;
• Health care proxy; and
• Living will. 

Contact Our Boston, MA Estate Planning Attorney Today

At Fisher Law LLC, we provide full service estate planning support to clients. Peace through planning is in reach. If you have any questions or concerns about LGBTQ+ estate planning, please do not hesitate to contact our firm today. We provide solutions-focused estate planning services to LGBTQ+ people and couples throughout the Greater Boston area.

Source:

williamsinstitute.law.ucla.edu/publications/adult-lgbt-pop-us/