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Same Sex Couple and Estate Planning Documents - What Do We Need?

Written by: Shawn C Newman

Reputation Level 14

Estate Planning Family

Posted over 3 years ago. 6 helpful votes, 0 comments

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1. Find an attorney that you feel comfortable working with.

. Having the documents are not the end-point of your engagement with your attorney – both of you should have a good working understanding of what your documents mean, and when and how they should be used. A good attorney will take the time to explain what these documents mean, and tailor the documents to meet your unique family situation. You and your family deserve to work with an attorney that will be sensitive to your needs, charge you a fair price for the service, and be responsive to your needs. I would suggest that perhaps you and you’re partner may wish to find another attorney that is more capable of serving your needs. There are many attorneys that can provide the service that you are looking for and there is no reason to accept less.

Develop a "Core" Estate Plan with Your Attorney

Regarding what documents should be included in an estate planning bundle; I can only share what I would suggest for a same-sex couple without children with a modest estate. There are many other factors that should be considered but these can really only be developed by working with your attorney. Other practitioners may have other suggestions but this is the core essential of the documents that I would suggest: 1. Will 2. Durable Power of Attorney for Finances 3. Durable Power of Attorney for Healthcare Directive and Health Care Surrogate 4. Living Will 5. Designation for Agent for Bodily Remains Depending upon the family circumstances, other documents that may be appropriate are revocable trusts, irrevocable insurance trusts, or even qualified residence trusts.

Remember to Update your Estate Plan with Changes in your Life

Every estate plan should be reviewed no less than about every two years, or as often as you have a major life event. Buy a house, adopt children, etc. People have a tendency to move, and the person that you nominated to be your personal representative, may no longer be close to you. I suggest that every other "anniversary" of your relationship (think even or odd years!) is a good time to re-look at your estate plan and see if there needs to be any updates. More than likely, your attorney can very quickly (and very inexpensively) update and keep your documents current on your behalf.