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ASK REBECCA
Click Here and Ask Rebecca Your Legal Question |
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Your Legal Alternative
Concentrating on Estate Planning, Probate and General Business Law
Non–traditional Couples
In Texas, a man and woman can enter into a formal or informal (“common law”) marriage, with all the attendant rights and protections of a marriage. A man and woman who prefer instead to live together as domestic partners need to take precautions outlining their rights and obligations to each other. They should call for an appointment to discuss their intentions and the consequences of such an arrangement.
Presently, a gay or lesbian couple, even if they have been married in another state or country, are considered single under Texas law. They may be longtime companions and domestic partners but still enjoy NO legal protection for their relationship. These non–traditional couples are not entitled to make medical decisions in an emergency, to handle the financial affairs of their partner or to inherit if their partner dies without a will. Only by creating rights in legally enforceable contracts can a gay or lesbian couple protect each other and their relationship. Call Rebecca to consider the legal landmines for gays and lesbians and the Significant Seven documents that may provide some rights and protections. You may wish to consider creating a will, medical power of attorney, statutory durable power of attorney, declaration of guardian in case of later incompetence or need, directive to physicians, family and surrogates (living will), appointment of agent to control disposition of remains and a domestic partnership agreement. You may want to discuss a revocable or irrevocable trust, a declaration of guardian for minor children, an agreement creating joint tenancy with rights of survivorship and organ donation.
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