I was serving the LGBT community before the legalization of same-sex marriage in Arizona in 2014 and nationally in 2015. However, since that time I’ve seen a steep decline in same-sex couples seeking estate planning services. They assume marriage affords them rights that render an estate plan unnecessary. Unfortunately, this assumption is false and makes same-sex couples more vulnerable now than ever before.
Facts to keep in mind:
All spouses need a power of attorney to avoid issues handling financial accounts and assets on behalf of their spouse.
All spouses who have children from a prior marriage need a will to ensure their spouse inherits everything.
All married couples need a living will to prevent family members arguing over whether to “pull the plug.”
All married couples could have a probate in another state if assets are not titled in a trust.
All married couples with minor children need a will to designate guardians, otherwise a judge will make the decision.