Lesbian and gay couples, and those in other LGBTQ partnerships, are often unaware of their legal rights, including those related to estate planning. Whether you and your significant other are married, in a registered domestic partnership, or living together outside a legal arrangement, you can speak with an attorney about San Marcos estate planning for same-sex couples and what options may be available to you.

At the California office of Paul V. L. Campo Attorney at Law, our team of legal professionals has helped numerous same-sex couples and their families. We help with issues that relate to a variety of different laws, such as drafting and modifying estate plans, providing assistance through the probate process, counseling clients during trust administration and litigation, and offering representation amid will contests.

Why Having an Estate Plan Is Important for Same-Sex Couples

Estate planning is the legal area that addresses a person’s wishes related to their property and assets after they have died, fallen ill, or otherwise become incapacitated. Estate plans may include many different documents, including living trusts, last will and testaments, child guardianships and inheritance arrangements, conservatorships, health care directives, and powers of attorney.

Creating an estate plan is important for same-sex couples because when a spouse or partner becomes ill, incapacitated, or suddenly passes away, the couple will want to have established legal documents that outline their wishes and instructions for handling their assets, finances, and other important matters.

Having a solid estate plan document may be even more important for gay couples, especially if there’s a likely chance that one of the individual’s families may contest the rights of the surviving spouse or partner. Beginning the estate planning process is also particularly crucial for couples in an unregistered domestic partnership, as they may not be allowed the same privileges as a registered partnership or marriage.

Estate Planning for Unmarried Couples or Unregistered Partners

In California, same-sex spouses or couples with a registered domestic partnership have the same rights regarding estate law matters and will be treated as married couples. However, if you and your partner are unmarried and are in an unregistered domestic partnership, you’re likely to be viewed only as cohabitants or roommates under the law.

It’s important to consider this when estate planning since a person may not be able to inherit their significant other’s property in the event of their death without having a valid and finalized estate document in place.

If a person dies before having an estate plan in place, their partner will have to undergo probate and other estate proceedings without the rights granted by a registered partnership. The surviving partner will likely need strong legal representation to assert their claim to the deceased’s estate in court and possibly alongside the person’s relatives.

However, without a registered partnership, a person isn’t guaranteed the right to anything since California law does not recognize “common law marriages,” even if you and your partner were together for many years and felt married. You may consider consulting with a qualified estate attorney about the benefits a domestic partnership or marriage can have on end-of-life issues, estate planning, and the overall process of settling an estate.

FAQs

Q: Does the State of California Recognize Same-Sex Marriages?

A: Yes, the state of California has legally recognized same-sex marriages since 2013, granting spouses the same marital rights as heterosexual couples. California also still allows couples to legally register as domestic partners, an option available for both same-sex and heterosexual couples. There are advantages and disadvantages to same-sex marriage as well as registered domestic partnerships, but both allow couples the same rights under estate law.

Q: Is Estate Planning Less Important in Domestic Partnerships?

A: No, estate planning is just as important for unmarried couples in a registered domestic partnership as it is for married same-sex couples. Domestic partnerships are regarded similarly to marriages in estate proceedings, with same-sex partners receiving the same rights as spouses.

Couples in a registered domestic partnership have priority when appointing an estate administrator and may be legally entitled to inherit their deceased partner’s estate in the event they failed to create a will, trust, or other estate plan.

Q: Can My Partner Only Get My Property if We’re Married in California?

A: Unmarried same-sex couples retain the same rights as married spouses if they have officially registered their domestic partnership. Domestic partnerships grant couples the same rights as married couples when it comes to end-of-life authority and priority within proceedings concerning the deceased’s property, finances, and other assets.

However, if you and your partner have not registered your domestic partnership, the law will not allow you or your partner the same rights if one of you dies without creating a legal estate plan.

Q: How Can Estate Planning Help Children of Same-Sex Couples?

A: Same-sex couples with children can benefit from having a comprehensive estate plan in place to ensure a child’s inheritance and guardianship if either parent is unable to care for them. A same-sex couple may have children from a previous relationship, share biological children, or have adopted a child together.

If a stepparent hasn’t adopted their partner’s biological child, they may run into legal issues if their partner passes away without establishing an estate plan that allows them guardianship of the child.

Q: Should Same-Sex Couples Update Estate Plans Over Time?

A: Same-sex couples are strongly advised to regularly update any estate planning documents they have since laws can change over time or new statutes may be introduced. Additionally, it is important for any couple to update or modify their estate plan if several years have passed since its creation so the paperwork accurately reflects their current circumstances.

Skilled Estate Planning Law Firm for Same-Sex Couples

You can trust the team at our estate planning office, headed by Paul V. L. Campo Attorney at Law, for all your legal needs as a same-sex couple or LGBTQ+ family. We understand the challenges you might be facing as you lay out your estate plans in San Marcos, and we’re here to help. Schedule a consultation with us today.