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Estate Planning for Same-Sex Couples

Anthony M. Brown (Albert W. Chianese & Associates, New York) has published Estate Planning for Same-Sex Couples: Practicalities, Precautions, Perils, and Proposals, 12 Fla. Coastal L. Rev. 217 (2010). Here is part of the Conclusion:

The role of the nontraditional estate planner may appear to be similar to his or her traditional counterpart; however, a specific understanding of how the law fails to provide for the needs of lesbian, gay, bisexual, and transgender couples is required in order to create a comprehensive estate plan. An intimate knowledge of the clients, their finances, and their relationship to their families is essential in order to predict and forestall potential problems that may arise in the prosecution of their estate through the probate process. Ultimately, the nontraditional estate planner must not only be an advocate for his or her clients but also an educator, ensuring that clients understand the reasoning behind their planning strategy.


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