Most issues were resolved. owever, some challenges remain, including child custody.
Despite the Supreme Court decision allowing same-sex marriages, not all potential estate planning issues for same-sex couples are fully resolved, according to the Cleveland Jewish News in “Same-sex couples could face estate planning road blocks.”
One of the biggest problems remains child custody.
Prior to legalizing same-sex marriage, it was not normally allowed for both partners in a same-sex relationship to be put on the birth certificate of a newborn.
This has important implications for any children born prior to the Supreme Court’s decision.
The automatic right of custody of children in the event the spouse whose name is on the birth certificate passes away, cannot be assumed for the other spouse.
Of course, this is an ever bigger problem for same-sex couples who have chosen not to get married. They still have all of the other potential issues that existed previously.
An estate planning attorney can advise you on creating an estate plan that fits your specific circumstances.
Reference: Cleveland Jewish News (Sep. 9, 2017) “Same-sex couples could face estate planning road blocks.”
