[WSBAPT] Source for current Same-sex estate planning special issues

[James W. Spencer]

Hello Listmates:

I tend to agree with Heather. It may be more useful to think of married spouses versus unmarried spouses. Fundamentally, marriage equality is the law of the land nationwide now, and planning has become significantly less difficult as a result.

That said, there are a few issues off the top of my head that warrant consideration:

  1.  Even in this day and age, clients may have family members that reject them, or from whom they are estranged. Obviously this can be the case with non-LGBTQ people, but I think it’s at least a little more prevalent in my community. In those cases, paying attention to proper drafting to exclude certain heirs is vital, as well as paying attention to old beneficiary designations on nonprobate assets.
  2.  There is movement afoot in several states to undercut the fundamental rights of marriage as a “work-around” of Obergefell. States like Texas have passed laws denying state-level benefits to same-sex spouses that are otherwise provided to different-sex spouses. The number of states implementing or considering these hostile laws are not insignificant, so advising clients to be aware of state law if they move is key. They should identify a new LGBTQ-knowledgeable attorney in the state to which they are moving, preferably before they make the move. These state laws are currently wending their way through the federal court system.
  3.  Powers of attorney remain important. They have always been a pretty effective tool for couples, even before the advent of marriage equality. For clients that may travel to less-friendly US jurisdictions, advising them to travel with health care POAs is probably wise.

I sometimes miss the “getting creative” days of estate planning for same-sex couples. 😊

Best wishes,
James

James W. Spencer
Brothers & Henderson, P.S.
2722 Eastlake Avenue East, Suite 200
Seattle, Washington 98102
Phone: (206) 324-4300 x106
e-mail:  jamess at brothershenderson.com<mailto:jamess at brothershenderson.com>
www.brothershenderson.com<http://www.brothershenderson.com/>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Heather deVrieze
Sent: Monday, March 18, 2019 10:19 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Source for current Same-sex estate planning special issues

This is certainly an oversimplification, but, since same-sex marriage became the law of the land, I believe there are not many differences or special issues in planning for same-sex couples vs. opposite-sex couples. Of course, each of these can have as many special issues as families are complicated, but there are few planning issues unique to same-sex couples in Washington.

Heather

Heather S. de Vrieze
Attorney-at-Law
[cid:image001.jpg at 01D013C2.30F35160]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Andrew Hay
Sent: Monday, March 18, 2019 9:44 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Source for current Same-sex estate planning special issues

I am wondering if anyone knows of a nice current source to read up on special issues in estate planning for same-sex couples?

Andrew Hay
Hay & Swann PLLC
201 S. 34th St.
Tacoma, WA 98418
www.washingtonlaw.net<http://www.washingtonlaw.net/>
andrewhay at washingtonlaw.net<mailto:andrewhay at washingtonlaw.net>
253.272.2400 (w)
253.377.3085 (c)
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