Carlsbad Estate Planning for Same-Sex Couples

Estate planning is an essential legal process for any same-sex couple to take part in, regardless of their marital status. Grieving the loss of a loved one is already emotional, but trying to figure out their estate without a plan during the probate process makes things even harder. By working with an expert estate planning attorney, you can ensure you, your loved ones, and your estate are all taken care of the way you wish. As a same-sex couple, it is especially important to outline your wishes in a legal document as more difficulties can often arise during probate.

Paul V.L. Campo Attorney at Law: Estate Planning for You and Your Partner

Our team here at Paul V.L. Campo Attorney at Law is dedicated to helping all couples create estate plans they are comfortable with. With over three decades of experience in estate administration and planning, our team of expert attorneys can help you through the complicated planning process for your future and beyond.

We are prepared to help combat the obstacles that may arise for same-sex couples while trying to share and distribute their estates, and we can help you navigate the legal processes of it all. No legal team can show you the care, compassion, and dedication that our Carlsbad attorneys can give to you.

What Is Covered in Estate Planning?

Estate planning examines a wide range of details in both your life and your partner’s to ensure everything is taken care of properly if one of you passes on. Some of the main aspects you might encounter when going through the estate planning and administering processes include:

1. Creating a Will and Living Trust
   The most known aspect of estate planning is creating a will or living trust. Even if you believe you don’t own many assets, creating a will that lists details about your estate and what you want to be done with it can help your partner in the future. Otherwise, it can be easy for the state to jump in and try to distribute your assets how they see fit, which could ultimately leave your partner with nothing if you’re not careful.
   
   A living trust is similar to a will in that both lay out your wishes for your estate. What makes a living trust different than a will is that it becomes active while you are still living, unlike a will that takes effect once you pass away. Trusts allow you to transfer ownership of assets, even while you are alive. Then once you pass, the trustee, most likely with the help of your estate administration attorney, go to court to take on full ownership of your assets as outlined in the trust.
2. Identifying and Appraising Assets
   It can be hard to know what to plan for if you’re unsure of the exact value of your estate and other assets. Whether it’s your own estate or a joint one between you and your partner, identifying and appraising all of your assets is an important step in estate planning. Your assets include items such as your home, vehicles, savings account, and retirement accounts. If you have any jewelry, antiques, or collectibles you want your partner or someone else to have, you also want to include those in your estate plan. When you hire an expert estate planning attorney, they can help to organize, identify, and appraise all of your different assets so you can decide what you wish to do with them.
3. Pass on Guardianship
   Your will may include a section designated for guardianship of your children. Another option is to draft a separate legal document with your lawyer during estate planning to specify the person you want to take care of your children. For same-sex couples, especially unmarried ones, this is a crucial step to ensure your children are taken care of by the people you desire. Otherwise, the court decides.
4. Power of Attorney
   There are multiple forms that power of attorney may come in. During estate planning, you’ll want to decide on durable power of attorney, which gives someone the right to act on your behalf if you can’t do so yourself. For couples, this is often assigned to their partner.
   
   If someone is given durable power of attorney on your behalf, they can make decisions regarding your finances, real estate, and other assets that may involve legal details. You may also want to assign healthcare power of attorney, usually to your partner as well, so they can make legal decisions regarding your health if you are unable to.

Married vs. Unmarried Same-Sex Couples

While same-sex marriage is now federally and locally legal in California, there are still some obstacles that may come up for LGBTQ couples trying to plan their estates. For married couples, for example, it’s important to assign guardianship of your children to your partner if you pass away. Issues could arise if adoption was done by only one parent and the child and parent aren’t blood-related. For unmarried couples, it may be more difficult to transfer ownership to your partner if you are not legally married.

It is also vital that you have a legally binding estate plan, or the court may not relay your assets to your surviving partner. With that said, it is still more than possible to create an estate plan for same-sex couples, and with the right legal team, everything can go smoothly.

Creating an Estate Plan for You and Your Partner

While creating an estate plan can seem complicated and stressful, it doesn’t always have to be. Our team here at Paul V.L. Campo Attorney at Law is dedicated to helping same-sex couples feel comfortable with their plans for the future. With our extensive experience and knowledge of the law, we can help you create an estate plan that follows the wishes of you and your partner. You can be confident everything is going to be taken care of, even if you’re gone.

To learn more about our estate planning services or for more information on how we may be able to assist you, contact our team.