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Back to life everyone
Nov. 6th, 2008 06:31 pmWhile we've all had our rant and rage over Prop 8, we need to get beyond the disappointment and look towards our future. The final decision rests with the court and in my opinion, once a right has been established you can't take it away. I'm hoping the court sees it the same way.
In the meantime, for those who got married whether your marriages are validated or not, your commitments to each other haven't changed and that's what's important. Still, partners need to protect each other and this is what you need to do.
1. Even if you got married, be sure to be domestic partners also. Whether the marriages performed are valid or not, domestic partners still get many advantages, most importantly no stepped up basis on property taxes should one partner die. This is the same right offered to married couples who own property together. So if you got married but didn't register as Domestic Partners, do that immediately.
2. Next, make sure you have a durable Healthcare Power of Attorney for each other. This document states that your partner can make your medical decisions for you in case you are incapacitated and unable to communicate your wishes. The document also allows you to write out these wishes such as no resusitation, no heroics, etc. Whether you are domestic partners or not, this is essential.
3. If you and your partner own property together then you need to each establish your own trusts. A trust avoids probate court when you die and allows you to will your assets to anybody you wish to as is written in your will which is part of the trust. See a qualified trust attorney. Even if you don't own real estate but have bank accounts or an automobile that you own outright, you need to have a trust. The last thing you want to do is die and have everything go to probate court. Trust me, it's a fucking mess. So if you're leaving everything to your partner in a trust, you can do that. You can also put a challenge clause in the trust document that states if your trust is challenged by one of the beneficiaries that they automatically will lose what was left to them. Again, you don't need to be domestic partners to do this.
How to find the right attorney for you? Check your local Bar association for a listing of Estate Planning attorneys. Or check with your pals. Or check your local Gay business organization. Just make sure they are licensed in the state where they practice and are a member of state Bar association.
In the meantime, for those who got married whether your marriages are validated or not, your commitments to each other haven't changed and that's what's important. Still, partners need to protect each other and this is what you need to do.
1. Even if you got married, be sure to be domestic partners also. Whether the marriages performed are valid or not, domestic partners still get many advantages, most importantly no stepped up basis on property taxes should one partner die. This is the same right offered to married couples who own property together. So if you got married but didn't register as Domestic Partners, do that immediately.
2. Next, make sure you have a durable Healthcare Power of Attorney for each other. This document states that your partner can make your medical decisions for you in case you are incapacitated and unable to communicate your wishes. The document also allows you to write out these wishes such as no resusitation, no heroics, etc. Whether you are domestic partners or not, this is essential.
3. If you and your partner own property together then you need to each establish your own trusts. A trust avoids probate court when you die and allows you to will your assets to anybody you wish to as is written in your will which is part of the trust. See a qualified trust attorney. Even if you don't own real estate but have bank accounts or an automobile that you own outright, you need to have a trust. The last thing you want to do is die and have everything go to probate court. Trust me, it's a fucking mess. So if you're leaving everything to your partner in a trust, you can do that. You can also put a challenge clause in the trust document that states if your trust is challenged by one of the beneficiaries that they automatically will lose what was left to them. Again, you don't need to be domestic partners to do this.
How to find the right attorney for you? Check your local Bar association for a listing of Estate Planning attorneys. Or check with your pals. Or check your local Gay business organization. Just make sure they are licensed in the state where they practice and are a member of state Bar association.
