Although married same-gender couples are now enjoying nearly all of the same rights as opposite-gender couples, there is still one key right that’s still up in the air—the automatic right to be legal parents. While parental rights are automatically bestowed upon the biological parent, the non-biological spouse/parent still faces a number of challenges when it comes to obtaining full parental rights. Luckily, same-gender couples do have an alternative to adoption—estate planning.
Just like any parenting arrangement, platonic parenting requires massive levels of trust, communication, and planning since child-rearing is an immense responsibility that lasts a lifetime. Having an estate plan designed specifically for your family's condition that spells out you and your partner's legal rights, responsibilities, and wishes ensure your new family has a proper legal foundation that keeps them away from court and conflict in the event of your potential incapacity or death.
Same-Gender spouses are often challenged when they need to make parental, medical, and financial decisions for partners who are incapacitated or unable to communicate because they may have family members who remain opposed to the validity of their marriage. If you're in the same situation, you especially must need to put a comprehensive estate plan specifically design for your situation to ensure your planning strategies for your loved ones work exactly as you intended. Learn more here.
Having a Trust for your children will certainly help them in the future, but only if you have the right plan set up for that Trust. In order to help your family from losing all their inheritance from mistakes or bad decisions, you have to make sure you leave them with right trust. Placing inheritance in a trust will protect your family from any threat that could come from irresponsible behavior or external risk. Read here how inheritance in a trust works.
Selling your appreciated assets will not give you as many tax and income benefits as a Charitable Remainder Trust (CRT) will. Don’t sell your assets when there are better options for you such as a CRT, where you will save yourself from income and estate taxes but still have a lifetime income for yourself and your family. Learn here about how donating to a Charitable Remainder Trust will benefit you as well as how it works and the different options available.
When it comes to taking care of your family and assets, you cannot afford to make easily avoided mistakes. Estate planning will ensure your family is taken care of, however you need to make sure you have the best plan, from creating advance medical directives to updating your plan frequently. Read here some of the common estate planning mistakes and how to avoid them.
If you are a same-gender couple, you’re bound to face difficulties when it comes to parental rights. Same-gender couples do not automatically have parental rights on their children as do biological parents, there are many legal complications same-gender couples go through. With estate planning, many of the legal complications can be taken care of in a much easier way. Here are some methods to protect your parental rights if you are not a biological parent.