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Illinois has a Civil Union Act which essentially gives same sex partners the same rights as married couples. The Act entitles partners that have entered into a valid civil union (whether the same or opposite sex), to the same protections and benefits under Illinois law that a spouse would receive. Though these rights do not extend to federal laws such as filing joint tax returns and Social Security benefits, all Illinois laws of any kind affecting spouses would also apply to partners in a civil union. This would include aspects of estate planning.

One area of estate planning that has been largely transformed by the Act is the passing of property after the death of one partner. Without a civil union, if a same sex partner died without a will, the property would pass according to the rules of Illinois intestate succession, leaving nothing at all for the surviving partner. If, however, the couple can enter into a civil union in accordance with the Act, the partner will automatically receive the same intestate share that a spouse would.

There are other estate planning effects from the creation of civil unions in Illinois. State pensions, for example, can be passed to the surviving partner. With these increased benefits come increased responsibilities as well, like tax obligations for these financial benefits, even though the Illinois civil union will not be recognized by the federal government.

Though the Illinois Act creating civil unions provides estate planning benefits for same sex couples, there will remain many issues that could impact the couple’s financial future, both in the near future and after one passes away. A good Illinois attorney with years of estate planning experience will explain the relevant laws in Illinois, and will work with you to come up with the plan that is best for you and your loved ones. An Illinois trusts and estates attorney can provide valuable information that will help you create an estate plan, so that your assets will be dispersed according to your wishes.

The bottom line is that no matter what type of relationship you are in, having proper estate planning is a great idea. If you have questions about this process or would like assistance in finding the right attorney for your goals, please do not hesitate to contact us at any time.