September 20, 2011. Top Estate Planning Tips For Same-Sex Couples (San Francisco Chronicle). Estate planning can be confusing and difficult for anyone. For same-sex couples, the hurdles can sometimes be insurmountable. Every state has its own laws regarding marriage and domestic partnerships and most still do not legally recognize same-sex relationships. This becomes a challenge when couples want to ensure that their assets go to their partner upon death. As of 2011, if the estate is worth more than $5 million, there can also be hefty estate tax issues even if the assets transfer to the partner seamlessly. This can change in 2013. Many of the tax laws, both federal and state, that allow assets to transfer to a spouse without tax consequences don’t apply to same-sex couples. Working with an estate lawyer experienced in this practice area in your state is the best way to ensure that your wishes are carried out. Here are four major areas to consider when planning ahead…
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