Attorneys at Law

Disclaimer: The information contained in this FAQ is provided for general information purposes only and is not intended to be a legal opinion, legal advice or a complete discussion of the issues related to estate planning. The provisions of your state’s laws may differ. Every individual’s factual situation is different and you should seek independent legal advice from an attorney familiar with the laws of your state or locality regarding specific information.

Gay and lesbian couples have special estate planning needs. Local, state and federal laws generally do not favor same-sex relationships. Even if your partnership is recognized under state law, you may be surprised how federal regulations can work against your wishes in paying social security benefits, distributing your  retirement plans and providing for health insurance.  

As a lesbian or gay couple, you cannot take anything for granted when it comes to medical emergencies, employment benefits, and death. It doesn’t matter how long you have been together, how favorable you think the area where you live is, or how supportive your relatives are—people become weird around death, and opposition can arise where you least expect it. Over the years, we have seen it all: life-long partners denied access to a dying partner's hospital room, exclusion from funerals, denial of retirement benefits, medical insurance that suddenly disappears, and the like.

You need to make sure that you provide your partner with specific, legal powers that will:

• Ensure that your partner has access to you if you are seriously ill;
• Allow your partner to  make health care decisions if you cannot;
• Make sure your funeral and burial wishes are followed;
• Provide for your partner after your death.

Every state allows you to draw up a documents that can provide these protections. Wills, Living Wills, Appointments of Health Care Agent or Health Care Powers of Attorney, Durable Powers of Attorney and Living Trusts can all be used to make sure that your partner isn't left out in the cold.

At Brett Weiss, P.C., we have years of experience in dealing with the planning needs of gay and lesbian couples. We work with you to make sure that you and your partner are protected, and that your wishes are carried out.

We can provide you with knowledgeable estate planning and drafting. Please call us at (301) 924-4400 or e-mail us to set up an appointment.