12/16/2009 09:53:32 AM EST
New Developments Impact Estate Planning for Same Gender Couples
Over the years, estate planning attorneys have drafted documents for same sex couples (legally married, civil union, or domestic partnership) without knowledge of whether the couple's relationship would ever receive federal recognition. Only couples living in a state which recognizes these relationships will benefit from these rights. In contrast, the federal "Defense of Marriage Act" (see below) does not provide same-sex couples with any rights or benefits (Social Security benefits, immigration privileges, or the marriage exemption for federal estate, transfer, or gift taxes).
Recent state legislation and court rulings in Vermont, Iowa and Colorado have eroded state law prohibitions and provided more benefits and rights to same-sex couples. The recognition of these benefits and rights of inheritance has made estate planning for same-sex couples much easier.
Read more in the attached PDF.