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Practice Areas

Same-Sex Couples

What are Some of the Estate Planning Considerations for Same-Sex Couples

Since Obergefell v. Hodges, same-sex marriages have been legal in all fifty states. However, some couples still face jurisdictions, officials, or family members who treat same-sex couples differently, while others choosing not to get married face another set of issues. Regardless of your situation, it helps to work with an attorney like Michael who is empathetic and experienced in this arena. 

Working with Michael Greenberg

Michael will meet with you and your spouse/partner to patiently go through all the factors in your relationship, background, and family that are important in devising an estate plan, as well as your values and legacy goals. Drawing on his deep legal knowledge and work with other same-sex couples, Michael will propose a comprehensive and tailored estate plan, which specifies the required vehicles and documents to fully protect you and your spouse/partner. 

Many Estate Plans Address:

  • Trusts – A revocable or irrevocable Trust (as opposed to a Will) is often the vehicle of choice for same-sex couples. Trusts are private vehicles, avoiding the public probate process and possible challenge by another family member.  

Couple Holding Hands
  • Power of Attorney and Advanced Directives – A properly devised Power of Attorney form and Health Care Proxy is essential for any estate plan, especially to avoid encountering any issues with healthcare providers or financial institutions. 

  • Funeral and Burial Arrangements – Plans should be specified in advance and a funeral agent named to avoid any last-minute meddling. 

  • A Plan for Funding Long-Term Care – With long-term care costs skyrocketing, advanced planning is needed and may even inform some couples’ decisions about a future marriage.

Do you want peace of mind knowing that your preferences will be legally protected and honored? 

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