Estate Planning Needs of Same Sex Couples

Couples of the same sex have unique situations with regard to estate planning.
  • Massachusetts presently recognizes marriage for same sex couples, while New Hampshire and some other states recognize "civil unions".
  • Not all states will recognize the marriage or civil union of a same sex couple, so if a couple moves, it is critical to review planning.
  • While the intent of state law is to provide all the benefits of marriage to a same sex couple, including inheritance and other rights, this is not the case at the federal level.
  • Some aspects of estate planning will be dictated by federal law, while others will generally be controlled by state law.
  • Estate planning for a same sex couple needs to "work around" federal law, and laws of other states which don't recognize same sex couples.
  • Likewise, in planning for incapacity, it is even more important that a same sex couple execute health care proxies and take other affirmative planning steps.
  • Because of the unique needs of a same sex couple, and any children of such a couple, it is recommended that they utilize the services of an attorney experienced in planning for same sex couples.
  • Our office can provide you with the names of respected estate planning attorneys with experience planning for same sex couples.

  • Home | Planning for Different Ages | Planning for Incapacity | Couples with Children | Death and Taxes | Same Sex or Unmarried Couples | Business Succession Planning | Life Insurance | Residences and Real Estate Assets | Estate Planning for Two States | Charitable Options | A Selection of Frequently-Asked Questions
    For More Information:
    Law Offices of Jameson & Cooper
    8 Grove Street, Suite 205
    Wellesley, Massachusetts 02482
    Tel.: (781) 237-7766