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Estate Planning for Same-Sex Couples in Georgia

Posted by Steve Worrall | Nov 20, 2012

Estate Planning for Same-Sex Couples in Georgia

It's not unusual for legislation to affect the realm of estate planning. From tax implications to guardianship of children, an Atlanta estate planning attorney has to keep up with the ever-changing legal landscape.  This is certainly true when it comes to estate planning for same-sex couples in Georgia.

The legal aspects of a same-sex relationship often fall under the category of contract law in states where these relationships are not legal. It can be complicated, and in order to protect your property and your relationship, it is highly recommended to work with an experienced estate planning attorney.

There are several issues which need to be clearly addressed.  Keep in mind, too, that this is just an introduction, and there are many other considerations to make with your lawyer.

Powers of Attorney

If one partner was to fall ill, would the other be allowed to make medical decisions for him or her?  If a medical power of attorney has not been created, then the answer is likely “no.”  The decision-making role would go to a blood relative.  The same is true of finances.  In order for one partner to have control of the other's finances during an illness or after death, a financial power of attorney needs to be in place.

Planning for Assets

While legally married couples have the protection of assets usually being passed directly to a spouse, same-sex couples do not typically enjoy these same considerations.  That's why it is important to make sure that you name your partner as your beneficiary when and where you can.  Some possibilities include:

  • Bank Accounts
  • Life Insurance Policies
  • Mutual Funds/Stock Portfolios
  • Retirement Plans

Your estate planning attorney in Atlanta will have a comprehensive list of assets which should be considered when naming beneficiaries.


Estate and gift taxes are another area in which same-sex couples don't have the same protections as those who are legally married.  For example, legally-married spouses can gift their money and assets to their spouses without facing huge tax repercussions later.  Inheritance taxes have received considerable attention as of late, but the fact is those who don't have the protection of legal marriage are still going to pay more than others.

Your estate planning attorney in Atlanta can help create ways to limit the amount of taxes which would be expected after the death of one partner.  This can be achieved through well-thought-out gifts, living trusts, and other means.

The fact of the matter is same-sex couples need to put time and effort into the estate planning process in order to ensure their partners receive what they are entitled to receive.  While estate planning really should be done by all kinds of couples, there are some safeguards in place to protect those who are legally married, and these options are just not yet available to same-sex couples in Georgia.  In the meantime, it just makes good sense to set up a meeting with a reputable attorney and add some peace of mind to your relationship. Our Marietta Georgia estate planning firm can help.

About the Author

Steve Worrall

As a sandwich generation kid himself (caring for both children and aging parents), Marietta Georgia Estate Planning Elder Law & Probate Attorney Steve (Stephen M.) Worrall KNOWS the struggles you are facing as you raise children, balance the demands of your job, and take care of your aging parent...