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From Our “Ask a Question” mailbag: “What are the Estate Planning Advantages for LGBTQ Marriage?” “My partner and I are thinking about marriage.  But, I keep hearing that there are tax and estate planning problems caused by marriage. You are an estate planning lawyer, can you tell me the estate planning […]

Our “Ask a Question” mailbag addresses Estate Planning for LGBT Married Couples.

“Right after the legalization of gay marriage my husband and I married in Pennsylvania. Since then, we have not updated any documents. Given the outcome of the Presidential election, we feel like we need to get things done. What is Estate Planning for LGBT Married Couples?”

Our “Ask a Question” mailbag addresses LGBT Estate Planning for Married Couples after President Trump’s election.

My wife and I are a same-sex married couple. We married in New Jersey and now live in Pennsylvania. Trump’s election makes us nervous, we are afraid that he may strip away some of our married couple rights. What estate planning documents should we sign to make sure that we have the right to make medical decisions for each other should one of us get sick?”

From our “Ask a Question” mailbag: My partner is much older than I and I am worried about the costs of carrying for him in his old age. Would long term care Insurance be a good idea?

From our “Ask a Question” mailbag: I want to leave my long time partner my house. However, at his death I want it sold so the money can pass to my nieces. How can I make sure this happens?

This is a common issue with gay and lesbian couples. Often, one partner owns the house and—though they want their partner to be able to live in the house until the partner’s death — there is a concern about putting the house into the surviving partner’s name.

From our “Ask a Question” mailbag: I love my partner, but she is terrible with money. If I leave her an inheritance, it will be spent quickly and she will be left with nothing. How do I leave her an inheritance but protect it for her?

Recognizing your partner’s inability to handle money allows you to set up an estate plan that can help make sure that your partner will always have enough money. There are many ways to set up a trust for his benefit. The best option will depend on what type of assets you have and how much flexibility you wish to give the Trustee.

From our “Ask a Question” mailbag: My partner and I have been together for over 25 years. Marriage would be nice, but I have the most money and his family has a history of long life. I worry that if I die and I give him everything, he may outlive those funds.

“Veteran” lesbian and gay couples cannot be blamed for hesitating to tie the knot. After years of planning for retirement as two single people, getting married late in life can throw a curveball into the financial and estate planning game. Getting married changes your tax status and eligibility for various government benefits. So, like any other huge life decision, marriage should be examined with an eye for retirement and asset protection efficiencies.

From our “Ask a Question” mailbag: In preparation for my upcoming death, I have formed a Revocable Living Trust to make easier the transfer of my assets to my partner. I wish to avoid probate in Bucks County, Pennsylvania. I do have some legal claims against people who owe me money that may not be resolved before my death. Do I need a will?

If properly formed and funded with all of your assets that would otherwise be probate assets, your thoughtfully planned Revocable Living Trust can avoid probate in Bucks County. However, if you have a legal claim at your death, that claim must be pursued by your Executor. Although it is possible to transfer your claim into the Revocable Trust, this is often problematic.

From our “Ask a Question” mailbag: I am in a long-term, same-sex relationship with my partner. She happens to be much older than I, and I am concerned about the expenses of caring for her as she gets older. Would Long Term Care Insurance be a good option?

I have had clients use Long Term Health Insurance as a useful tool in their estate plan. Clients typically get the best use from this tool when they thoughtfully look ahead to the potential expenses of old age and work closely with their financial advisors. Specifically, I ask clients to examine whether their savings for retirement are adequate to address the costs of an unexpected, serious health problem.

I am a New Jersey resident. Now that I have married my partner, I would like to give her a General Durable Power of Attorney, but am concerned about surrendering so much power over my assets. I have heard stories about spouses abusing Powers of Attorney. How can I protect myself?

A general, durable power of attorney is a key part of any estate plan. A Will covers what happens to your assets if you have died, but the durable power of attorney is meant to cover the time when you are alive yet unable to handle your own financial affairs. The problem that exists, and of which you speak, is that if you give your Agent the power of attorney document, they have the power to withdraw from your bank accounts, sell real estate and gather your tax information.