Page 10 - Jupiter West - November '21

Page 10, Jupiter West
Myths And FAQs Estate Planning For LGBTQ Clients

Submitted by Anné current beneficiary. However, in the trust, you can designate avoided with proper designation of beneficiaries. A financial
Desormier-Cartwright, J.D. what will happen to the accounts and property once you have power of attorney will allow your partner to act on your
Myths passed, as well as who will oversee carrying out your wishes. behalf for financial matters and a medical power of attorney
Because same-sex Then, upon your death, the terms of the trust will be carried will allow your partner to make medical decisions for you
marriage is recognized in out and the accounts and property will be distributed to the if you are alive but not otherwise able. Additionally, if you
all 50 states, I do not need to named beneficiaries by the person you have selected, without have a retirement account or life insurance policy and would
worry about estate planning, court involvement. like those amounts to go to your partner, make sure that you
as my spouse will receive In addition, if you are worried about your family have properly named them on the appropriate beneficiary
everything when I die. contesting your wishes, memorializing them in a proper designation forms and you have addressed the income tax
It is true that, absent legal document such as a trust and will is critical. Be sure consequences with your trusted advisors.
proper estate planning, the to express your concerns to your estate planning attorney If you have questions about your estate plan and what
law will distribute most (if who can discuss whether your state recognizes a “no-contest documents you should have in place to plan your estate,
not all) of your money and property to your spouse. However, clause.” A no-contest clause can be included in your will and schedule a free consultation today by calling our office at
this may not be the best way to pass on your money and trust, creating a penalty for any beneficiary challenging your (561) 694-7827, Anné Desormier-Cartwright, Esq., Elder &
property. If everything passes to your spouse outright, there wishes and helping lessen the chances that a family member Estate Planning Attorneys PA, 480 Maplewood Drive, Suite
is no protection for the property or money your spouse or beneficiary could legally challenge your estate plan. 3, Jupiter, FL 33458.
receives. Even if you want your spouse to be free to spend My partner and I have been together for 20 years but have The content of this article is general and should not be
their inheritance from you as they please upon your death, never gotten married. Should we get married? If we don’t relied upon without review of your specific circumstances
your money and property would become 100 percent your get married, how can I ensure my partner is taken care of? by competent legal counsel. Reliance on the information
spouse’s, and they could do whatever they want with it – Whether to get married is a personal decision. In addition herein is at your own risk, as it expresses no opinion by
including lose it to creditors or to an anticipated lawsuit. By to the emotions involved in making the decision, there the firm on your specific circumstances or legal needs.
creating a trust, the money and property can be available for could also be tax implications. Consider sitting down with An attorney client relationship is not created through the
your spouse’s use, but you can provide protections to ensure an experienced estate planning attorney and an accountant information provided herein.
that creditors, or a second spouse, do not have access to what or CPA to analyze the tax or financial impact this decision To comply with the U.S. Treasury regulations, we must
you have worked so hard to earn. would have on your planning. inform you that (i) any U.S. federal tax advice contained in
Additionally, without estate planning, including the creation If you choose to remain unmarried, a properly executed this newsletter was not intended or written to be used, and
of a trust, your money and property may have to be distributed estate plan will ensure that your partner is taken care of. A cannot be used, by any person for the purpose of avoiding
through the probate process. Probate is a court-supervised will or trust will allow you to designate the money and/or U.S. federal tax penalties that may be imposed on such
process where an appointed individual gathers your money property that you want to go to your partner. A will invites person and (ii) each taxpayer should seek advice from their
and property, pays your outstanding bills, and then distributes a probate action in most circumstances, but probate can be tax advisor based on the taxpayer’s particular circumstances.
the remainder to the appropriate individuals. Depending upon
the situation, the level of court involvement can vary, but no
matter what, the details of this process can be found out by
anyone because probate is a very public process. Peripheral
FAQs
My family and I have not spoken in years. How do I Neuropathy?
prevent my family from causing problems for my spouse
after I die?
One solution is to create a trust and title your accounts FREE Consultation
and property in the name of the trust. This will allow you to
have access to and enjoyment of your money and property,
as you can name yourself as both the current trustee and the for Acupuncture

Help Me Help

My Child 561-745-1002

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