Lawyer Commentary Mondaq United States Protecting Your Family: Estate Planning Considerations For Same-Sex Couples

Protecting Your Family: Estate Planning Considerations For Same-Sex Couples

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As a result of Goodridge v. Department of Public Health, 440 Mass. 309 (2003), Massachusetts has recognized same sex marriage for over 20 years. The U.S. Supreme Court further made clear in Obergefell v. Hodges, 576 U.S. 644 (2015), that same-sex couples have a constitutionally protected right to marry and to have their marriage recognized in every state. However, due to the current composition of the Supreme Court, many believe that these protections may be at risk. Same-sex couples have been working with our firm to make sure their assets are protected for the future of their families. There are three main issues that we have been discussing with our clients:

  1. Marital Rights: In the event of future non-recognition of same-sex marriage, estate planning can benefit same-sex couples in two very...

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