Legal Question in Wills and Trusts in Massachusetts

Re: Same sex marriage and will

To echo what you have already heard, you need an estate planning attorney who specializes in same sex couples. The "Defense of Marriage Act", of which you are no doubt aware, makes life mighty complicated for estate planning where the married couple is of the same gender.

In addition to income taxes, there are also estate tax consequences (unfavorable), Medicaid issues (if appropriate), IRA and pension issues, real estate title issues, etcetera. If you have property in another state, that further complicates matters.

So, it would be advisable to use an attorney experienced in estate planning for same sex couples.

Re: Same sex marriage and will

Because you reside in MA, your Will will be drafted and interpreted in accordance with MA law. You are lawfully married in MA, so you and your spouse have all the rights and benefits of all other married couples in MA (but not for federal purposes - which expalins the "single" status for the 1040).

Because of your "dual" status, it is important that your estate planning be done with a competent estate planning attorney who can anticipate issues based on the differences in MA and federal estate and tax laws.

Please let me know if I can help you and/or your spouse with your estate planning needs. This office handles many cases for many types of families. Thank you.

Re: Same sex marriage and will

You are married for purposes of your Will as a resident of MA. However, in doing your estate plan whoever is preparing your estate plan needs to make careful considerations of the dual status you have for tax purposes.

Please feel free to contact me if you have any questions.