Morris Hall, PLLC

Estate Planning Attorneys

MakePayment with multiple options
CALL NOW: 1 (888) 222-1328
  • Home
  • Our Firm
    • Attorneys
    • Core Values
    • Communities We Serve
      • Arizona
        • Carefree
        • Flagstaff
        • Mesa
        • Oro Valley
        • Phoenix
        • Prescott
        • Scottsdale
        • Sedona
        • Tucson
      • New Mexico
        • Albuquerque
        • Las Cruces
        • Santa Fe
    • Our Team
    • Published Books
      • Don’t Go Broke in a Nursing home
      • Tax Free Money for Long-Term Care!
    • Testimonials
  • Our Services
    • Asset Protection
    • Probate
    • Tax Planning
    • Trusts
    • Trust Administration
    • Wills
    • Videos
  • Resources
    • Blog
    • Do I Need an Estate Plan?
    • Elder Law Reports
    • Elder Law Resources
      • Albuquerque Elder Law
      • Las Cruces Elder Law
      • Phoenix Elder Law
      • Santa Fe Elder Law
      • Tucson Elder Law
    • Estate Planning Problems
    • FAQs
    • Probate Resources
      • Albuquerque Probate
      • Flagstaff Probate
      • Las Cruces Probate
      • Phoenix Probate
      • Sedona Probate
      • Tucson Probate
    • Recent Law Changes and Improvements Affecting Arizona and New Mexico
      • Update My Living Trust
    • Reports
    • What to Do When Death Occurs
      • What Not To Do When Someone Dies
      • Who To Contact After A Loved Ones Death
  • Reviews
    • Testimonials
    • Review Us
  • Locations
  • Events
    • Upcoming Webinars
    • Past Webinar Recordings
  • Contact Us

Unique Issues Associated with Estate Planning for Same-Sex Couples

September 21, 2013 by Morris Hall, PLLC 1 Comment

Married couples enjoy many legal benefits not available to same-sex couples. Without the legal association of marriage, many same-sex couples are left unprotected under intestacy laws and are disadvantaged in terms of tax planning devices and medical decision-making.  Because same-sex marriage is not recognized in Arizona or New Mexico, gay and lesbian couples lack the same established tax, inheritance, and employment benefits that marriage bestows.  As a result, these benefits must be created through the use of various estate planning tools.

For instance, while married couples may rely on the safety net that intestacy laws provide, the same cannot be said for same-sex couples. Intestacy laws operate as a kind of default mechanism for the distribution of estates of persons who die without having executed a will. Arizona’s and New Mexico’s intestacy laws, like those of most jurisdictions, make no provision for the unmarried partner of a decedent.  Thus, if an unmarried partner dies without an estate plan in place, the surviving partner will not be provided for from the estate. The property will instead pass to the decedent’s biological family based on local law.

Planning for incapacity is another important consideration.  There are several documents that can confer authority over personal and financial decisions for a non-marital or same-sex couple.  Generally, the spouse of an incapacitated person is consulted when medical decisions are made; absent some type of directive, the unmarried partner of an incapacitated individual may be excluded from such decisions.

Estate planning documents can also be crucial with respect to burial arrangements.  Instructions as to who should be granted possession of your remains upon death is an important consideration. This is because, typically, a decedent’s remains are given to the next of kin. In a state like Arizona or New Mexico, where same-sex relationships are not recognized, the surviving partner will not be deemed a family member and will not be granted authority over the disposition of remains.

There are many unique issues associated with estate planning for same-sex couples- I’ve mentioned only a few.   Careful planning can avoid many of the complications associated with everything from end-of-life issues to providing for a same-sex partner in a tax advantaged manner.

For more information and to assure that your partner is provided for contact our offices today at 888.222.1328 to schedule your free consultation.

Andrea ClausContributed by MH Phoenix Estate Planning Attorney Andrea Claus

About Morris Hall:
At Morris Hall, we have focused our legal practice on estate planning for over 40 years.  Along with estate planning, our attorneys help clients and their families with matters of probate, trust administration, wills, power of attorneys, business planning, succession planning, legacy planning, charitable gifting and other important legal aspects.  We also have divisions in financial, real estate and accounting to help you incorporate all of your planning together, ensuring that everything works perfectly for your needs and situation. Our Arizona offices are located in Phoenix, Mesa, Scottsdale, Cave Creek, Tucson, Prescott, Flagstaff and Arrowhead.  Our New Mexico offices are located in Albuquerque, Las Cruces and Santa Fe.  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.

  • Author
  • Recent Posts
Morris Hall, PLLC
Latest posts by Morris Hall, PLLC (see all)
  • Do I Need an Advance Directive? - May 24, 2022
  • Probate vs. Non-Probate Assets - May 17, 2022
  • How to Spot the Signs of Nursing Home Abuse - May 16, 2022

Comments

  1. Rusty McNew says

    June 25, 2014 at 5:19 am

    I am purchasing my partner’s sister’s ½ interest in an a home located in Santa Fe
    The following is needed:
    Establish a Trust with survivor ownership of the house
    Conduct cash transaction to purchase ½ interest in the house and a land survey
    Place the above purchased ½ interest in the house and my partners existing ½ interest into the newly created trust

    Reply

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

MH logo

Main Office

7600 N 16th St, Ste 105

Phoenix, AZ 85020

Phone: 602-249-1328

Fax: 602-248-2887

Subscribe to Our Newsletter

For a sample Click Here

Offices

Our law firm has offices in Arizona and New Mexico. See all of our locations here.

Our law firm has offices in Arizona and New Mexico. See all of our locations here.

Toll Free: 888-222-1328

Mon-Thur: 8:00am – 5:00pm
Fri: 8:00am – 4:00pm

  • Linkedin
  • Twitter
  • Facebook
  • Youtube

Need an Estate Planning Lawyer Near You?

Looking for an estate planning lawyer near you? We have office locations in Phoenix, Mesa, Scottsdale, West Valley, Carefree, Prescott, Sedona, Flagstaff, Tucson, and Oro Valley in Arizona. In New Mexico, we have office locations in Albuquerque, Santa Fe, and Las Cruces, so please visit us at the location that is closest to you.

  • © 2021 American Academy of Estate Planning Attorneys, Inc All rights reserved.
  • Disclaimer