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Estate Planning for Same Sex Couples, Elder Law Attorney, Woodstock, GA


The United States Supreme Court is considering the issue of same sex marriage. Regardless of how the case turns out, same sex couples should proceed to create estate plans. In fact, they should not wait for the Court’s decision.

Many states have legalized same sex marriage, which gives same sex couples equal inheritance rights in those states. However, many other states have not done so and same sex couples in those states need to provide for each other in carefully crafted estate plans.

Even though the Supreme Court is set to decide the issue, same sex couples cannot wait to do their estate planning.

Recently, the Nashville Business Journal published “4 key steps to creating a formal estate plan for same-sex couples.”

The list includes:

  • Create the basic documents – The first step is to create the basics such as wills and powers of attorney.
  • Review and adjust beneficiary designations – Life insurance and retirement account beneficiaries need to be adjusted.
  • Consider Joint Ownership – Couples can hold important property jointly so the surviving partner will automatically inherit the property. Think personal residence.
  • Consider using a trust – Trusts can be used to make sure property is divided the way that you see fit.

Of course, it should go without saying that all of the above should be done with the assistance of an estate planning attorney for the best results.

Reference: Nashville Business Journal (April 24, 2015) “4 key steps to creating a formal estate plan for same-sex couples.”

Hear From Our Clients
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“On the threshold of retirement, we finally decided to quit thinking we could self-prepare the requisite documents. We had previously had only a very simple will. We needed the necessary legal (including updated will) & health care docs but didn’t want to deal with the time & complication of legalese. Cindy made the process relatively painless. She took the time to explain and answer questions without trying to upsell services. We were done in 2 meetings plus the reading of emailed drafts. In addition to preparing the documents, Nelson Eldercare will be there when our adult children need advice on executing the plans we’ve put in place.So glad it’s behind us and would recommend Cindy and her helpful staff.”

- Bonnie

Cindy and her company treat their clients like family. Nelson’s offers clear, direct, and honest guidance in planning for your families security and future. No one wants to actively sit down and make these decisions, but Nelson’s makes this process seamless. I was so impressed with their willingness to answer all questions big or small. So glad I made the decision have them help my mom and dad and now me. You can’t go wrong with Nelson’s Elder Care Law.

- Hope

The very best elder law attorney and staff anyone could ever ask for! I have referred a number of clients to Cindy and she never disappoints. She is kind, caring, and extremely thorough in making sure everything is completed as it should be. I highly recommend Cindy for anyone needing lawyer services; she truly goes above and beyond for every client she helps and has had a huge impact in so many peoples’ lives. Thank you, Cindy and staff, for everything that you do- I’m so glad to know you!

- Kerri

I heard Cindy’s presentation at a Senior Luncheon at my church, and was very impressed. She helped my daughter and me understand many aspects of elder law. Josh has also been very helpful in my planning to enter an independent living situation . I have told many friends about them.

- Charlotte

Cindy and the Nelson Elder Care Law team are trustworthy and helpful. They are the experts in elder care law. At Leaf Cremation, we entrust our families to the care of the Nelson team when their services are needed.

- Pierce