Same-Sex Couples and Estate Planning – It’s Complicated

Although it is changing, most states still have not legalized same sex marriage, including Arizona, making estate planning important for same sex couples. Same sex couples can in Arizona can benefit from Phoenix estate planning because it can help to clarify their relationship for legal purposes and allow them some of the same estate protections that are offered to married couples.

Same sex couples have some unique considerations with Phoenix estate planning

Although most of the Phoenix estate planning that a same sex couple will undertake is the basically same as a heterosexual couple, there are some unique considerations to take into account. The first thing is that same sex couples need to be aware when they more from one area that recognizes same sex marriage to another, as their properties and assets can be put at risk. Also, the question of how a probate judge will view the couple is a main concern in states that do not recognize same sex marriage at the moment.

Same sex couples should consider Phoenix estate planning for federal tax purposes

Another thing to consider is that a recent U.S. Department of the Treasure decision made same sex couples who are legally married eligible for some of the same federal tax benefits that heterosexual couples are eligible for. Any same sex couples who are legally married are eligible for the benefits in all 50 states. The rights only extend to same sex married couples and do not apply to civil unions, but the new benefits make it important for married same sex couples in Phoenix to consider Phoenix estate planning.

Speak with a Phoenix estate planning professional

Same sex couples who are working on an estate plan should consider consulting with a Phoenix estate planning professional who can go over some more of the questions and considerations that may need to be addressed. As more states legalize same sex marriage there will be complicated Phoenix estate planning legal issues that will come up. Although same sex marriage is not yet legal in Arizona, same sex couples in Arizona can still do much to protect their assets and reduce tax liabilities by setting up an estate plan with a Phoenix estate planning professional.

Need Help?

If you are not sure as to what legal document you currently have contact one of our professionals to help you with your planning needs. They will make sure you have all of your grounds covered and have the right legal documents that best suite your wants and needs.