Same Sex Marriage

Two rings interlocked to look like a heart. The rings have rainbows around them In 2013, the US Supreme Court cleared the way for same-sex marriages in California and other jurisdictions. While the individual states must decide for themselves how they will handle this issue, California already allows such marriages and has such infrastructure in place.

These couples need to have their estate plans created or updated to include the provisions previously denied to them under the Defense of Marriage Act (DOMA) as struck down in United States v Windsor 570 US __ (2013). Now, same-sex couples need to understand and plan for the use of community property, step-up basis and the use of Credit Shelter Trusts; all benefits previously denied to them.

Further, our estate plan is written according to California law. This means that when the Settlors of the trust move to another state which does not recognize same-sex marriage, their trust is administered as per California law which does.

If these issues concern you and your family, please see us for a free consultation to show you the benefits now available.

What Our Clients Say About Working with David

"David Schneider has been our trust attorney for years. He's a great guy while always professional and clear, and I trust him completely. He's become like a friend who is always there with a steady hand."

Holly S

"From the very beginning, David took the time to educate us on what an estate is and explained all the associated terminology in a way that was easy to understand. His thorough approach made us feel both comfortable and confident throughout the entire process. His patience, professionalism, and dedication to making sure we fully understood everything were truly impressive."

Ralph R

"After negative experiences with several other attorneys, we turned to David on a referral from a friend. It couldn't have been a more positive experience. He was flexible, patient, and went above and beyond to offer the best service, thoroughly explaining the process and every piece of the paperwork, and answering all of our questions."

C S

Frequently Asked Same Sex Marriage Questions

How does moving to a non-same-sex marriage state affect our California estate plan?

Your California estate plan remains valid and will be administered under California law, even if you move to a state that doesn’t recognize same-sex marriage. The trust is specifically written according to California law to protect your rights and benefits regardless of where you live.

What new estate planning benefits are now available to same-sex couples in California?

Same-sex couples can now access all traditional marriage benefits including community property rights, step-up basis for inherited assets, and Credit Shelter Trusts. These benefits were previously denied under DOMA but are now fully available following the 2013 Supreme Court decision.

Do we need to update our existing estate plan if we’re already married?

Yes, you should update your estate plan to take advantage of newly available benefits that were previously denied under DOMA. This includes reviewing and potentially restructuring your plan to incorporate community property provisions, tax benefits, and trust options that can now protect both spouses.

Integrity and Expertise at the Core of Our Legal Services

With decades of professional expertise, David R. Schneider, APC blends deep community ties with a wealth of experience. From running a successful business to excelling in the legal field with top grades and honors, David’s extensive knowledge ensures comprehensive and trusted legal support. His lifelong commitment to the Conejo Valley and its residents is your assurance of reliable and heartfelt service. Choose a legacy of excellence for your legal needs.

Schedule A Free Consultation Now