On
June 26, 2015, the Supreme Court of the United States (SCOTUS) in Obergefell v. Hodges ruled that all
50 states and the District of Columbia must issue marriage licenses and
recognize marriages regardless of whether the spouses are both male or
female. In effect, this ruling
guarantees equal protection under the law to same-sex couples concerning not
only marriage, but the property rights and other legal presumptions arising
from marriage.
As
the majority of the Court’s justices have stated:
“No union is more profound than marriage, for
it embodies the highest ideals of love, fidelity, devotion, sacrifice, and
family. In forming a marital union, two people become something greater than
once they were. As some of the petitioners in these cases demonstrate, marriage
embodies a love that may endure even past death. It would misunderstand these
men and women to say they disrespect the idea of marriage. Their plea is that
they do respect it, respect it so deeply that they seek to find its fulfillment
for themselves. Their hope is not to be condemned to live in loneliness,
excluded from one of civilization’s oldest institutions. They ask for
equal dignity in the eyes of the law. The Constitution grants them that right.”
– Justice Anthony Kennedy. (Please click on the name of the case above if you wish
to read the entire opinion.)
LPV
is ready to assist all couples in understanding their legal rights and
obligations concerning estate planning – the method by
which one passes one’s property to others upon death, through probate or
non-probate means, as well as disability planning – the method by
which one communicates one’s desires and instructions for addressing short-term
or long-term inability to make legal or financial decisions for oneself.
For
example, you can choose to sign a written document designating who will make
medical decisions for you and who can visit you in a hospital (Medical Power of
Attorney); now, even if you have not done so, your spouse in a same-sex
marriage will have statutory rights to do so.
You can also, by signing a Last Will and Testament or beneficiary
designation, choose who will receive your property upon your death; now, your
spouse in a same-sex marriage will have inheritance rights under state law. Only spouses can “roll over” an IRA from the
deceased spouse to their own IRA; now, your spouse in a same sex marriage can
do so and avoid situations where required minimum distributions must start
immediately, even if the surviving spouse has not reached 70 ½ years of age.
However,
the universal recognition of same-sex marriage in Texas by various
administrators and officials will likely be a rocky road, despite SCOTUS’
historic and unequivocal opinion. Couples
should review their estate planning and disability planning needs with an
attorney so that they can take advantage of a variety of methods suited to
their particular circumstances.
Attorneys
and staff at LPV look forward to serving the needs of all married couples.
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