When it comes to planning for the future, it’s important to make sure your loved ones are taken care of, especially in case something unexpected happens. For same-sex couples in Arizona, understanding how the law affects things like inheritance and medical decisions is key. Even though same-sex marriage has been legal for several years, it’s still important for couples to take a few extra steps to make sure everything is organized the way they want.

At Blake & Pulsifer, PLC, we understand that every family is unique, and we’re here to help guide you through the estate planning process with care and expertise. Whether you want to create a will, establish a trust, or ensure your rights are protected as a same-sex couple, we can help. 

But what should you consider as a same-sex couple? And how do the Arizona laws affect your estate planning? 

What Is Estate Planning?

Estate planning is the process of arranging for the management and distribution of your assets in the event of your death or incapacity. While many people think of it as just creating a will, estate planning covers a wide range of decisions, including:

  • Wills and Trusts: These documents specify how your property should be distributed after you pass away.
  • Powers of Attorney: These legal documents allow you to designate someone to make financial or medical decisions on your behalf if you cannot do so yourself.
  • Healthcare Directives: Also known as living wills, these documents allow you to express your wishes about medical treatment if you can’t communicate them yourself.
  • Guardianship of Children: If you have children, estate planning allows you to designate guardians for them if something happens to both parents.

For same-sex couples, the stakes are often higher because of concerns about legal recognition, inheritance rights, and the complexity of family structures.

Why Same-Sex Couples Need to Plan Carefully

Though same-sex marriage has been legalized nationwide since the Supreme Court’s landmark decision in Obergefell v. Hodges in 2015, same-sex couples still face unique challenges when it comes to estate planning. These challenges can stem from legal and financial hurdles that differ from those faced by heterosexual couples. For example, in the past, same-sex couples didn’t have the same inheritance rights, meaning that without a will or trust, one partner could be left with nothing, even if they were legally married.

However, Arizona law is now aligned with federal law, meaning that same-sex marriages are recognized, and married couples generally have the same rights as heterosexual couples. Still, there are nuances within estate planning that same-sex couples should keep in mind:

Healthcare Decisions

If you don’t have the proper legal documents in place, your spouse may not have the right to make medical decisions for you if you become incapacitated. While spouses typically have these rights, things can get tricky without a written will or healthcare directive.

Inheritance Rights

Before same-sex marriage was legalized, inheritance rights for same-sex couples were often uncertain. But under current Arizona law, same-sex couples have the same inheritance rights as opposite-sex couples. If one spouse dies without a will, the surviving spouse is entitled to a portion of the deceased spouse’s estate.

However, if you want to ensure that your spouse gets everything you wish to leave them, it’s still a good idea to create a will or trust. Without one, the state’s default rules may not reflect your personal preferences.

Children and Guardianship

If you have children, especially if they were born to one partner, you should clearly establish guardianship and custodial rights through a will or trust. Whether you have biological children, adopted children, or children from a previous relationship, you must take steps to ensure they are legally protected.

  • Guardianship: In the unfortunate event that both parents pass away, a guardian must be designated. It’s vital to name a guardian for your children in your will to avoid confusion and ensure they are cared for by someone you trust.
  • Parental Rights: If one partner isn’t the biological parent, they might need to adopt the child to secure parental rights legally. This is an important step for same-sex couples to ensure both parents have equal standing when it comes to decisions about their children’s welfare.

Contact Our Arizona Estate Planning Lawyers Today

While Arizona law now offers legal recognition and protections for same-sex couples, estate planning is extremely important. You must create a clear, well-organized plan to address inheritance, healthcare decisions, and guardianship of your children. By taking the right steps, you can provide peace of mind for yourself and your loved ones, knowing that your family will be protected no matter what the future holds.

If you’re unsure where to start or need assistance creating your estate plan, we can help. Working with an experienced Arizona estate planning attorney who understands the specific needs of same-sex couples in Arizona is a smart choice. 

At Blake & Pulsifer, PLC, our lawyers are here to help you. Let’s meet to discuss your family situation and help you move into a better future. Call us today at 1-480-838-3000 or fill out our confidential contact form.