Same-sex couples putting future in writing

Louise Young and her partner, Vivienne Armstrong, have been together for 37 years, but the same-sex couple are still two single people in the eyes of Texas law.

Like others in their 60s and approaching retirement, the Dallas women are thinking about the next stage of life and what to do if their health fails. Because they don't enjoy the rights automatically granted to married couples, they've turned to legal advisers to make sure each will have a say in the other's fate.

"We've done everything possible to draft documents that reflect our commitment to each other," Young said.

They've drawn up wills and medical directives, and they've named each other as beneficiaries on their retirement accounts to provide financial security for the surviving partner. Without those measures, most state courts would regard them as strangers.

The two women plan to wed in California this summer to celebrate their life together, now that the California Supreme Court allows same-sex marriage. But the rights they gain by exchanging vows will be left behind when they return home: Texas and several other states ban gay marriage.

"For all the jubilation about the California court decision, same-sex couples in Texas still need to sit down with attorneys and financial planners to protect themselves," said Ken Upton, an attorney for Lambda Legal in Dallas.

Experts say gay and lesbian boomers are showing more interest than earlier generations in estate and retirement planning. That's partly because the overall population is older, but it's also because more of today's same-sex couples are leading open lives and have no qualms about calling on legal and financial advisers.

Without wills, same-sex couples risk having the state pass their belongings on to relatives rather than their partners, said Dallas attorney Rebecca Covell.

A common reason for gay and lesbian couples to seek legal counsel, Covell said, is to protect their homes. With married couples, a home's ownership can pass automatically to the surviving spouse upon death. But it's not so simple for gay couples. In the worst cases, the surviving partner may lose the house.

Covell suggests joint ownership with right of survivorship. That way, both partners own the home together rather than each holding a share of it. If one dies, the other owns the entire property.

Same-sex couples putting future in writing
Charleston Post Courier, SC -