Estate Planning For Polyamorous Families

In this article, you will learn…

• Some challenges of polyamorous families in estate planning.
• How children can be unintentionally disinherited.
• The importance of estate planning for polyamorous families.

What Are Some Challenges When It Comes To Estate Planning For Polyamorous Families Living In Massachusetts?

Due to our system being set up for a two-spouse family, estate planning for polyamorous families can be difficult. It isn’t impossible, but it does present unique challenges when there are more than two partners involved.

Massachusetts law is designed around the idea of a traditional marriage including a man and a wife. It isn’t complicated to navigate a two wife or two husband marriage, but when you begin adding in additional partners, that’s when it takes a lot of careful thought and planning.

One area that can be particularly difficult is when it comes to the guardianship of children because the state law isn’t necessarily setup for more than two guardians.

You can also have issues over the automatic distribution of assets, because the law may not treat all of the partners as spouses or it may only treat one partner as a legal spouse. When one partner is being favored over the others, it can cause many issues.

For polyamorous families, a very detailed estate plan is going to be essential. Working with an attorney who understands and has worked with polyamorous families in the past can be beneficial in ensuring that all of your bases will be covered.

Can Non-Marital Or Adopted Children Intentionally Be Excluded From An Estate Plan?

Non-marital or adopted children can intentionally be excluded from an estate plan. If you have more than one partner, there’s often challenges because the state only allows you to have one legal spouse.

Due to this, you could have a partner who isn’t recognized as a legal spouse and, therefore, encounter a situation where those children are treated differently by the law. As for unintentionally disinheriting them or not providing for their guardianship, there can be all sorts of issues with that.

What Are The Critical Components Of Estate Planning In A Polyamorous Family?

The critical components of estate planning are the same for a polyamorous family as they are for anyone else. You will want…

• Trusts,
• Wills,
• Powers of attorney, and
• Healthcare proxies.

The only difference for a polyamorous family is going to be how all of these things are structured. That’s because these legal documents are not designed for multiple-partner families, so you have to be very clear about what you want. Whether that’s giving all partners equal control over decisions so that they can make them together or ensuring that assets are distributed evenly to all partners, you want to really review and put real thought into how you are structuring your estate plan.

So, while it can look a little different for polyamorous families, the elements of estate planning are still going to be the same. It’s just a matter of ensuring that everything is structured around your specific family dynamics and needs.

For more information on Estate Planning For Polyamorous Families, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (508) 233-2305 today.