Why a Will Is Important for Same-Sex Married Couples

Marriage gives same-sex couples important legal rights, including inheritance protections under state law. However, those default protections do not always guarantee that your assets will go exactly where you want them to.
If you pass away without a will, Michigan law determines how your estate is divided. While your spouse may receive some or even most of your assets, the outcome depends on your specific circumstances and may not reflect your personal wishes. The state’s formula does not take into account the nuances of your family relationships, your intentions, or the promises you may have made to loved ones.
This becomes especially important if you:
- Have children from a previous relationship
- Own separate or premarital property
- Want to leave money or meaningful belongings to other family members, friends, or charities
- Have specific wishes about sentimental or high-value assets
Without clear instructions, these situations can create uncertainty—or even conflict—among surviving family members.
A will gives you control over these decisions. It allows you to:
- Name your spouse as your primary beneficiary
- Decide exactly who receives your home, financial assets, and personal belongings
- Specify how and when assets are distributed
- Choose an executor you trust to manage your estate and carry out your wishes
- Name a guardian for minor children
For same-sex couples with blended families, a will is particularly important. It can clearly define what goes to your spouse and what goes to your children, helping to prevent confusion, disputes, or unintended disinheritance. This clarity can be invaluable during an already difficult time.
It is also important to understand that a will is just one part of a complete estate plan. To fully protect your spouse and ensure your wishes are honored during your lifetime as well as after your passing, you should also consider:
- A financial power of attorney, which allows your spouse to manage your finances if you become unable to do so
- A health care directive, which authorizes your spouse to make medical decisions on your behalf in an emergency
- Beneficiary designations on retirement accounts and life insurance policies, which should be reviewed regularly to ensure they align with your overall plan
These documents work together to provide comprehensive protection. They not only safeguard your assets but also ensure that your spouse has the legal authority to act on your behalf when it matters most.
For same-sex married couples, thoughtful estate planning is about more than distributing property—it is about protecting your relationship, your family, and your legacy. Taking the time to put a plan in place can provide peace of mind and reduce stress for your loved ones in the future.
At Melder & Melder, P.C., we help same-sex married couples throughout Southeast Michigan create wills and estate plans tailored to their unique needs and goals. We are committed to helping you protect the people you love and ensure your wishes are clearly documented.
Contact Melder & Melder, P.C. today at (248) 541-3400 to schedule a free initial phone consultation.
Melder & Melder, P.C.
2304 East Eleven Mile Road
Royal Oak, Michigan 48067
Telephone: (248)-541-3400 or (800)-LAW-5454
Facsimile: (248)-541-6332












