Estate planning for same-sex couples in Connecticut is more than just paperwork. It’s an act of love, security, and foresight. While the state has recognized same-sex marriage since 2008, legal rights don’t automatically protect your partner unless your estate documents are in order. Whether you’re legally married, in a civil union, or in a long-term relationship, proactive planning ensures your wishes are respected and your partner is fully protected.
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Why Estate Planning for Same-Sex Couples in Connecticut Matters
Without a plan, the state steps in. Connecticut’s intestacy laws decide who inherits your property and makes critical decisions if you become incapacitated. That can lead to heartbreaking outcomes, especially for unmarried couples.
Even if you’re married, assuming your spouse will “automatically get everything” is risky. Legal documents like a will, trust, and power of attorney provide clarity, avoid conflict, and protect your shared future.
Related: What Happens If You Die Without a Will in Connecticut?
Key Estate Planning Tools for Same-Sex Couples
1. Last Will and Testament
Your will outlines who receives your assets and who will act as your executor. For same-sex couples in Connecticut, this ensures your partner is legally acknowledged and avoids unwanted disputes among family members.
Tip: Without a will, your partner may be completely excluded from your estate if you aren’t married.
2. Revocable Living Trust
A trust lets you pass on assets without going through probate, which saves time, money, and stress. It’s ideal for couples with:
- Real estate in multiple states
- Children from previous relationships
- A preference for privacy
This is also a smart move if you want to avoid probate delays through Connecticut’s Probate Court System.
3. Durable Power of Attorney
This document allows your partner or spouse to manage your financial affairs if you’re unable to do so. In Connecticut, your power of attorney must meet state guidelines under the Uniform Power of Attorney Act.
4. Advance Health Care Directive
Also known as a living will, this document allows you to name your partner as your health care representative. It authorizes them to make medical decisions on your behalf, especially during a medical emergency when time is critical.
5. HIPAA Authorization
Even if you’re married, hospitals may refuse to release medical information without a signed HIPAA release. This simple form gives your partner access to your health records when it matters most.
6. Beneficiary Designations
Some assets such as life insurance policies, retirement accounts, and bank accounts, are not covered by your will. Be sure your partner is named as the primary beneficiary on all relevant accounts.
Connecticut-Specific Considerations
When it comes to estate planning for same-sex couples in Connecticut, here are a few local legal issues to know:
- Marriage vs. Civil Union: All civil unions were converted to legal marriages as of October 1, 2010. If you’re not legally married, your partner has no automatic rights of inheritance.
- Property Ownership: Be sure any shared property is titled as “joint tenants with rights of survivorship” to ensure it transfers smoothly to your partner.
- Adoption and Children: Connecticut allows second-parent and joint adoption by same-sex couples. Make sure both parents have legal rights to prevent future custody issues.
- Probate Efficiency: While Connecticut’s probate system is relatively efficient, using tools like trusts and proper beneficiary designations can help you avoid unnecessary legal hurdles.
Connecticut Probate Court – Official Website
Estate and Gift Tax Considerations
Good news: Connecticut follows federal law when it comes to estate and gift taxes for married same-sex couples. The estate tax exemption for 2025 is $13.61 million per individual, which means most couples won’t owe taxes.
However, planning is still important to take advantage of:
- Step-up in basis for jointly owned property
- Gift splitting between spouses
- IRA and retirement account rollover rules (especially for unmarried partners)
For more information, check the IRS guidelines for same-sex couples.
Why You Should Work with an Estate Planning Attorney
Estate planning is not one-size-fits-all – especially for LGBTQ+ families. A Connecticut estate planning attorney who understands the legal and emotional nuances of same-sex relationships can help you:
- Avoid future legal disputes
- Create tailored documents that reflect your family structure
- Plan ahead for medical, financial, and tax-related matters
Schedule a Consultation with Our Estate Planning Team
Also, keep your documents updated after major life events such as marriage, the birth of a child, or the purchase of a new home.
Final Thoughts: Love Deserves Legal Protection
Estate planning for same-sex couples in Connecticut allows you to define your legacy, protect your partner, and create peace of mind. You’ve built a life together – now make sure it’s legally protected. Take the first step today. Contact us to schedule a personalized estate planning consultation. Because every couple deserves the dignity of legal protection, no matter who they love.
