Planning for Same-Sex Couples and LGBT Individuals

At this time, recognition of the estate and family planning rights of LGBT individuals and same-sex couples differs from state to state, and this complicates planning for same-sex couples.  In Rhode Island, for example, same-sex couples are not yet permitted to marry.  Massachusetts was the first state to recognize same-sex marriage, but because of the federal Defense of Marriage Act (DOMA), same-sex married couples in Massachusetts currently are not eligible for certain benefits under federal law, such as the unlimited marital deduction on federal estate taxes.  DOMA’s constitutionality is a question on its way to the U.S. Supreme Court.

At Deschene Law Office, we provide legal guidance to Massachusetts and Rhode Island same-sex couples and individuals on how best to ensure that their wishes are achieved in their estate and family plans.  Among the LGBT services that we provide: prenuptial agreements and domestic partnership agreements, wills, living trusts, spendthrift trusts, charitable remainder trusts, health care powers of attorney for health care, durable powers of attorney for finances, special needs trusts, specialized health care planning for LGBT seniors, and minor adoption and shared parenting agreements.   Each of these planning documents has characteristics which can be specially tailored to maximize your benefits under the law.