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A Proactive Approach Toward Estate Planning

By Linda L. Snelling

Some states, such as Connecticut, Iowa, Massachusetts, New Hampshire, and Vermont, have legalized same-sex marriage while others ' like Maine, the District of Columbia, and Hawaii ' recognize or grant certain rights to same-sex couples. Most states, however, ban same-sex marriage and do not recognize such unions, even if they were legal in the state in which they took place. Most recently, California voters denied recognition of gay marriage in Proposition 8. In addition to a great majority of states, the federal government of the United States does not recognize same-sex marriage, despite recent comments by President Obama suggesting that he may address same sex rights in some capacity.

The issue is critical and hotly debated because marriage confers certain benefits under state and federal law that are generally denied to same-sex couples. Many of these protections and benefits pertain to estate planning. For example, most states grant certain rights and protections to married individuals in the event of the incapacity or death of a spouse. The federal government also confers certain tax benefits to married couples under the tax law that relates to estate planning. These rights are generally not granted to same-sex couples, making it imperative for same-sex couples to plan accordingly.

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