Categories: General Interest

Civil Unions & Estate Planning

Spouses, Partners, Children & Uncertainty

The Colorado Civil Union Act’s Legislative Declaration states that its purpose is to provide eligible couples (typically same-sex couples) the opportunity to obtain the same benefits, protections and responsibilities that Colorado law  provides to spouses of a legal marriage. It seems a simple enough idea – just replace “spouse” with “partner in a civil union”, right? If it isn’t marriage, do parties get “unionized” or “civilized”? The Civil Union Act will certainly provide advantages under Colorado’s probate laws, but there are over a thousand federal laws that will continue to affect estate planning and other aspects of the lives of same-sex couples. For instance, Social Security Survivor Benefits are based on federal law and are not yet available to any kind of same-sex couples. There are 38 states, including Colorado, that prohibit same-sex marriage, but 20 states that recognize some form of legal relationship. If you were legally married in California, because California recognizes same-sex marriage, you are automatically deemed to be in a civil union in Colorado. What rights as a surviving spouse in California might you lose by this deemed change in your status in Colorado? Are your children legally your children in Colorado, if they are not your biological children? How should your estate plan be modified once you enter into a civil union? It will be some time before all the questions regarding civil unions are resolved, in the mean time it is important to review your situation to take advantage of the new rights and privileges, and also to try to protect those you love against unexpected consequences.

Lyons Gaddis, P.C.

Recent Posts

NAVIGATING COLORADO’S HB24-1098: “FOR CAUSE” EVICITON LAW By Brian Allard, Lyons Gaddis

On April 19, 2024, Colorado Governor Jared Polis signed HB24-1098 into law. The new law…

2 weeks ago

Why “putting your child on” your bank accounts probably isn’t the best plan.

When planning for the future, we all need to anticipate those times in life when…

2 months ago

Water Wars: Thornton’s Struggle and Triumph in Obtaining Pipeline Permits

By Jeffrey J. Kahn and Michelle R. Soule On May 8,2024 the City of Thornton…

6 months ago

Small Assets Create Big Headaches After Death

The smallest assets can create some of the biggest headaches when someone dies.  We often…

6 months ago

SECTION 211: A NEW TOOL FOR LANDOWNERS AND DEVELOPERS DEALING WITH PROBLEMATIC OIL AND GAS WELLS

Northern Colorado has been home to an abundance of oil and gas development and drilling…

7 months ago

ALERT FOR BUSINESS OWNERS: Federal Judge Puts CTA on Hold, but only for some

The Business Attorneys at Lyons Gaddis have been advising our clients to take a slow…

9 months ago