Did you know that while married same-sex couples in Georgia enjoy equal inheritance rights under state law, unmarried partners risk receiving nothing without proper planning — highlighting the critical intersection of inheritance laws same-sex couples Georgia face during life changes like divorce?
In this article, we explore inheritance laws same-sex couples Georgia must navigate, including how they tie into family law matters like divorce and child custody. Drawing on recent legal developments and expert insights, we'll provide practical guidance to help you protect your legacy. At Hobson & Hobson, P.C., we leverage our over 30 years of combined experience and innovative tools to guide clients through these complexities, ensuring empathetic yet effective advocacy.
Understanding Inheritance Rights for Same-Sex Couples
Since the landmark Obergefell v. Hodges decision in 2015, married same-sex couples in Georgia have the same inheritance rights as opposite-sex couples under O.C.G.A. § 53-2-1, the state's intestacy statute. This means a surviving spouse inherits fully if there are no children, or shares equally (with a minimum one-third share) if children are involved Georgia Code.
However, unmarried same-sex partners receive no automatic inheritance rights, as Georgia does not recognize common-law marriages or domestic partnerships for inheritance purposes. Expert advice from Georgia estate planners emphasizes: "Georgia intestacy laws don’t recognize chosen family. If you want these individuals to inherit from you…you need legal documents that spell out your wishes" Nolo.
We at Hobson & Hobson integrate this knowledge into our client-centric approach, using advanced technology for seamless estate reviews during divorce proceedings to safeguard your assets.
How Divorce Impacts Inheritance for Same-Sex Couples
Divorce can profoundly affect inheritance laws same-sex couples Georgia encounter, as equitable division of marital property determines what assets remain for future inheritance. In Georgia, same-sex divorces follow the same rules as others, with courts dividing property equitably — not necessarily 50/50 — based on factors like marriage length and financial needs.
Failing to update beneficiary designations post-divorce risks an ex-spouse inheriting retirement accounts or life insurance, a common pitfall in contentious cases. As Georgia practitioners note, "Proper estate planning documents still help ensure your wishes are followed and can prevent challenges from unsupportive family members" Freed Marcroft.
Our firm excels in both contested and uncontested divorces, offering mediation for amicable resolutions or aggressive litigation to protect your parental rights and finances. With five convenient locations across Atlanta and surrounding areas, we provide initial consultations to discuss how divorce intersects with inheritance planning.
Estate Planning Essentials to Protect Your Legacy
To navigate inheritance laws same-sex couples Georgia effectively, consider these key steps:
- Draft a Will or Trust: Specify heirs to avoid intestacy defaults, especially for non-biological children in LGBTQ+ families.
- Update Powers of Attorney: Ensure your spouse or partner can make decisions if incapacitated.
- Review Beneficiary Designations: Direct assets like IRAs outside probate for efficiency.
Federal recognition post-United States v. Windsor (2013) allows married same-sex couples unlimited marital deductions for estate taxes, with the 2024 federal exemption at over $13 million per person IRS. Georgia imposes no state estate tax, focusing planning on family disputes.
We emphasize innovative tools like digital case management to streamline these processes, building trust through transparent, supportive guidance.
Child Custody and Inheritance in LGBTQ+ Families
For same-sex couples with children, inheritance laws same-sex couples Georgia intersect with custody via legal parentage. Only biological or adoptive parents have automatic inheritance ties under intestacy laws. Non-biological parents should pursue second-parent adoptions to secure rights, as "current law does not automatically recognize the non-biological parent as a legal guardian" Human Rights Campaign.
In custody disputes during divorce, Georgia's "best interests of the child" standard applies neutrally, but formalized parentage strengthens your position. Our attorneys, with special litigation training, protect these rights in complex cases.
Nationally, only about 10% of LGBTQ+ individuals are married to a same-sex spouse, underscoring the need for proactive planning to avoid inheritance disputes Lambda Legal.
Why Choose Hobson & Hobson for Your Family Law Needs
With managing partners M. Sarah Hobson and Christopher F. Hobson leading our forward-thinking practice, we stay current on evolving laws through ongoing training. Whether handling high-asset divorces or inheritance-related custody issues, our empathetic approach prioritizes your well-being.
Ready to discuss your situation? Contact us for a consultation at Hobson & Hobson, P.C..
FAQ
What are the basic inheritance laws for same-sex couples in Georgia? Married same-sex couples inherit equally under O.C.G.A. § 53-2-1, but unmarried partners need wills or trusts for protection.
How does divorce affect inheritance rights? Divorce requires updating estate documents to prevent ex-spouses from inheriting; we guide clients through this in both contested and uncontested cases.
Do same-sex couples need special estate planning? Yes, to address risks like unsupportive relatives — expert quotes highlight the importance of adoptions and beneficiary updates.
Can unmarried same-sex partners inherit in Georgia? No automatic rights exist; legal documents are essential, as Georgia doesn't recognize domestic partnerships.
How can Hobson & Hobson help with these issues? Our innovative, client-centric services include divorce representation and mediation, ensuring your inheritance and family rights are protected.
Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.
