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Estate Planners of Arkansas

Estate Planners of Arkansas

Wills, Trusts and Probate

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Is Estate Planning Different for Same Sex Couples?

October 5, 2018

Although same-sex marriage is legal, there are many legal technicalities still in place that make estate planning for same-sex couples especially important. Federal and state regulations may not have been updated to reflect new court decisions and, as a result, couples should discuss many important issues with an estate attorney.


In generations past, the legal status of same-sex couples was very different from married heterosexual couples. Recent court decisions have changed this, most notably with the 2013 ruling that made same-sex marriage legal in all 50 states. Though the Supreme Court ruling has come down and is enforced, it will take a while for the states to catch up and adjust their estate laws to accommodate same-sex marriage.

Speaking with an attorney can help you navigate the often murky waters of estate planning.

Transfer of Assets

Some states and the federal government impose an estate tax in 2018. To reduce the size of the estate tax, many couples choose to place some assets into a trust. It is also important that both spouses have a will that clearly lays out who gets the assets upon one spouse’s death.

Same-sex couples should also carefully review the terms of any joint accounts, joint assets, insurance policies, and employee benefit plans. Although a same-sex couple may be legally married, the specific terms of the policy may not yet be updated to recognize a spouse as the beneficiary of the plan, policy or account.

Long-Term Health Care

All couples should plan for a time when they may be mentally or physically incapacitated. In the absence of a legal marriage, hospitals or care homes may not recognize a same-sex partner as the legitimate decision maker. Couples should discuss making each other powers of attorney for health care and finances in the event of long-term illness.

Guardianship of Children

More and more same-sex couples have children, but in many cases, there are legal hurdles when it comes to the legal status of both partners as parents. Even when that matter is settled, it is vital to designate a preferred guardian for any minor children should one or both spouses pass away.

Federal and State Benefits

Although same-sex marriage is legal across the United States, individual states may have regulations that specifically prevent same-sex partners from receiving certain government benefits. Speaking with an attorney in Arkansas can help spouses to know who pays estate tax in this state, as well as how a spouse’s rights and responsibilities are impacted by state law.

Work Out the Details with a Lawyer

In order to ensure your spouse and children are protected, it is essential to discuss your estate planning issues with an attorney. Contact Estate Planners of Arkansas to make an appointment today at 501-414-8965.

Filed Under: Estate Tax

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Estate Planners of Arkansas, P.A.
2504 McCain Blvd Suite 224
N. Little Rock, AR 72116

501-414-8965

501-414-8966

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Contact Us

Estate Planners of Arkansas, P.A.
2504 McCain Blvd Suite 224
N. Little Rock, AR 72116

501-414-8965

501-414-8966

Email Us

About Us

Estate Planners of Arkansas, P.A. was founded in 1993. We practice in the areas of Trust, Will, Probate, Estate Taxes and Business Planning. We show people the most economical and efficient way to transfer their assets to their loved ones upon their death. We have prepared over four thousand estate plans. Our other focus is to show business owners how to protect their business while they are alive and how to successfully pass the business to their heirs when they die.

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