Areas of Practice

Many of the issues involved and the estate planning techniques used by married couples and single people are the same for unmarried couples and for people who are gay, lesbian, bisexual or transgendered. But non-traditional couples and families, as well as other members of the LGBT community seeking to plan their estates and protect their loved ones, often confront unique and difficult issues. One reason is Ohio law.

The State of Ohio recognizes marriages only between a man and a woman. It does not permit same-sex marriage, civil unions or domestic partnerships. As a result, non-traditional couples do not enjoy the same property rights and tax benefits afforded married couples. Married couples have a right to inherit from each other, but there is no right to inherit from a deceased life partner. Another concern is the possible exclusion of health and pension benefits—most health and pension benefits are not available to an unmarried life partner. Finally, Ohio does not permit second-parent adoptions, which means the non-biological or non-adoptive parent has no legal standing or rights when it comes to his/her children.

Another reason non-traditional couples and families may face difficulty is family and employer resistance.  The extended family may not be aware or accepting of the couple’s “lifestyle.” Family members may become upset when they learn that their loved one has decided to leave all or most of his/her assets to a life partner instead of family members. Family members may challenge the will of their loved one when he/she passes away. At work, the lesbian, gay, bisexual or transgendered person may not be “out” for any number of reasons, such as fear of discrimination or termination. He/she may not want H.R. to know about the naming of a life partner as the beneficiary of a life insurance policy for fear of disclosure of this information to his/her co-workers and supervisor.

Maria Shinn understands first-hand the legal and practical roadblocks that non-traditional couples and families face. By combining this experience with formidable legal skills, Maria helps each client navigate these obstacles and achieve the greatest legal protections possible for the client and the client’s family.

Non-traditional couples represented by Maria L. Shinn, LLC include:

• Opposite sex partners who are not married;
• Same-sex partners;
• Two unmarried adults living together for companionship or financial reasons (i.e., siblings and friends); and
• Transgendered adults in relationship with adults of the same or opposite sex.

Non-traditional families that Maria represents include:

• Parents who have children from previous traditional relationships and are now in a same-sex relationship;
• Gay men and lesbians who have adopted or wish to adopt, individually or together with a partner in a joint adoption; and
• Gay men and lesbians who have planned a family through donor insemination, in vitro fertilization, surrogacy, etc., which results in the child having a biological link to one of the parents.

Maria is well versed in ways to protect you, your partner, your family and your assets. To learn more information about the impact of Ohio and federal law on non-traditional couples and families, and the legal protections available to you, please contact us to schedule a consultation.