Click Here to Learn How Morris-Hall PLLC is helping clients during the COVID-19 pandemic.


By November 25, 2013Estate Planning, Other

Although there are many states which recognize the rights of same-sex couples, estate planning is still important for same-sex couples due to the contrasting treatment among the states. For instance, if a same-sex couple without an estate plan is married under the laws of the state of Maryland (recognizes same-sex marriage), but living in Arizona (does not recognize same-sex marriage)owning property in Arizona, the property would go according to the intestacy laws of Arizona. The end result is that the laws of Arizona would treat the couple as legal strangers to each other.

However, if the same-sex couple had proper estate planning documents in place to provide for one another, then it wouldn’t matter which state where the assets are located and where they reside.

The following 15 states recognize same sex marriages.

  • Massachusetts
  • California
  • Connecticut
  • Iowa
  • Vermont
  • New Hampshire
  • New York
  • Washington
  • Maine
  • Maryland
  • Rhode Island
  • Delaware
  • Minnesota
  • New Jersey
  • Illinois

In addition to the states listed above, the District of Columbia allows same-sex marriage. Also, New Mexico has no state law allowing or refusing such marriages. However, some of the more populous counties are issuing marriage licenses to same-sex couples.

Estate planning is necessary for same-sex couples to ensure their estate is distributed according to their personal wishes, and not dictated by state intestate succession laws. It’s important to plan today to ensure your hard earned estate is passed to those you love with the least possible expense and delay. Call one of our experienced estate planning attorneys for a complimentary comprehensive estate plan review.

Why Choose Morris Hall:
You have a number of options when it comes to estate planning, so why pick Morris Hall?  First off, estate planning and asset protection are a very complicated endeavor and you should only trust someone who focuses exclusively on those matters.  Also, MH is a proud member of The American Academy of Estate Planning Attorneys (AAEPA) which provides us additional support, advanced training, tools and information that is not available to others – which means that we can better protect your assets and your loved ones.  We are one of only two firms in Arizona that belong to the AAEPA and are the only firm in New Mexico that has been granted membership.  If you have assets and loved ones that you want to protect, you are in good hands with MH.  Contact us today at 888.222.1328 to schedule an appointment!

This blog should be used for informational purposes only.  It does not create an attorney-client relationship with any reader and should not be construed as legal advice.  If you need legal advice, please contact an attorney in your community who can assess the specifics of your situation.

Leave a Reply