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Using Estate Planning to Care for your Significant Other

1/12/2015

1 Comment

 
Marriage works as a protection under Michigan law. If one dies, his spouse generally receives everything even without a Will. While this protection is a nice safety net for some, it leaves others drastically under protected, specifically same-sex marriages and unmarried couples.

Same-sex marriages are currently not recognized by the state of Michigan. This lack of recognition wreaks havoc on same-sex marriages. While talking to LGBTQ advocates, they told me that they are participating in the fight to get same-sex marriage recognized in Michigan, but when I asked them what they were doing to protect themselves under the current law, they had no response.

This worries me, as long as Michigan does not recognize same-sex marriage, all same-sex marriages need to have specific documentation in order to receive the same legal benefits. A Will and Trust will allow for personal and real possession be transferred to your loved one. The Power of Attorney, Patient Advocate, and HIPPA release form will allow your loved one to take care of you as the State allows for a husband to take care of his wife, or vice versa. In simple truth, Estate Planning levels the field to allow people to have their loved ones care for them at all times.

When talking to a client, she told me about her and her “husband,” air-quotes included. Upon inquiring, she informed me that her “husband” was her second husband and they were not actually married. She told me that they did not feel like they needed a piece of paper to tell them they were married.

I feel that her situation is not a unique one; there are plenty of couples out there that are “married” in the sense that they are loyal to each other, but are not documented. Whether you have not yet “tied-the-knot” or you have decided that you do not need the piece of paper, Estate Planning allows you to take care of each other.

1 Comment
Brian Arnold link
11/4/2022 01:04:54 am

Ask meeting away admit. Visit record with begin pretty knowledge door financial. Leg little back take subject none care.

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    As an Estate Planner and Probate Attorney it is not only my job to dispense legal advice, but to educate. To help you understand Estate and Probate Law, I will discuss a variety of issues that people are likely to encounter.

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