For LGBTQ+ couples in New Mexico, recent political shifts and the potential for changes in federal laws protecting same-sex marriage have created uncertainty. The legal recognition of same-sex marriages under Obergefell v. Hodges has been a step toward equality, but if these protections are rolled back, it could leave couples at risk. LGBTQ+ couples in New Mexico should take proactive measures, such as creating an estate plan to protect their rights, to ensure they are included in important decisions, and to guarantee their wishes are honored.
Why an Estate Plan is Important for LGBTQ+ Couples in New Mexico
An estate plan is a set of legal documents that outline how your assets, healthcare decisions, and other important matters should be handled during your life and after your passing. For LGBTQ+ couples, it is an effective tool to protect their rights and make sure their wishes are respected, even if the laws around marriage change.
In marriage, an estate plan is particularly beneficial because it provides a clear framework for how property and responsibilities are managed, removing potential confusion or disputes. It ensures your partner is legally recognized as your beneficiary, decision-maker (“agent”), or guardian. This can be especially important if changes to marriage laws remove certain protections. An estate plan helps LGBTQ+ couples in New Mexico protect their inheritance rights, grants one partner the authority to make healthcare decisions, and maintains control over their estate, offering peace of mind for both partners.
The Risk of Relying Only on Marriage Protections
Without an estate plan, LGBTQ+ couples in New Mexico can face many difficulties:
- Inheritance Rights: If you don’t have an estate plan, New Mexico law automatically distributes property to legal heirs, which generally excludes a partner who isn’t legally recognized as a spouse.
- Healthcare Decisions: Without a healthcare directive or power of attorney, medical professionals may defer to biological family members instead of your partner for important healthcare decisions.
- Control Over the Estate: New Mexico law gives priority to legal spouses to manage an estate. Without recognition, this authority may go to other family members, leaving your partner without a say.
- Unnecessary Legal Disputes: Without clear legal documentation, family members could challenge a partner’s right to shared property or financial accounts, leading to lengthy and costly court battles.
- Guardianship Issues for Children: If a couple has children and there is no legal documentation specifying guardianship, the court may not recognize the surviving partner as the child’s guardian, even if they have been a primary caregiver.
An estate plan protects your rights, ensures your partner is recognized, and empowers them to act on your behalf, no matter what changes the future may bring.
Key Components of an Estate Plan for LGBTQ+ Couples
A well-prepared estate plan can address everything from inheritance to healthcare. LGBTQ+ couples in New Mexico should prioritize creating these specific planning documents:
- Will: A will outlines how your assets should be distributed after you pass away. It ensures your partner inherits according to your wishes, even if you’re not legally recognized as spouses.
- Revocable Living Trust: A trust allows you to manage and distribute your assets without the need for probate. It also offers more privacy and control over how your assets are handled, providing extra protection during uncertain times.
- Power of Attorney (POA): A durable power of attorney lets your partner make financial or legal decisions for you if you become unable to do so. Without this document, a court could appoint someone else, leaving your partner without authority.
- Healthcare Directive: A healthcare directive or medical power of attorney allows your partner to make medical decisions for you. Without it, hospitals and doctors might prioritize other family members, leaving your partner out of critical decisions.
- Beneficiary Designations: Make sure to review and update the beneficiaries on your life insurance, retirement accounts, and other financial assets to name your partner as the recipient.
These documents are important for protecting your rights and making sure your partner is legally recognized in all aspects of your life together.
Choosing the Right Estate Planning Attorney
In any marriage, an estate plan provides an extra layer of protection for the future. Following the recent election, it is especially important for LGBTQ+ couples to protect their rights with a comprehensive plan. At New Mexico Legal Group, we understand the unique concerns of LGBTQ+ couples and are dedicated to helping you protect what matters most. Our experienced estate planning attorneys will guide you through every step of the process, from drafting a will to creating healthcare directives. Don’t leave your future to chance. Contact us today to start your plan with confidence.
Ensure your rights as an LGBTQ+ couple in New Mexico with a solid estate plan. Discover how wills, trusts, and healthcare directives protect your wishes and provide peace of mind.