Legal Question in Wills and Trusts in Arizona

what wills need to be filed for gay couples. I know i need a liviing will but what covers property and money issues?


Asked on 5/25/12, 6:35 pm

2 Answers from Attorneys

Joyce Johnson-Stovall Johnson Stovall and Associates PLLC

There are lots of documents and agreements which are appropriate for gay couples. We suggest that you give us a call if you would like to discuss how to protect your property rights in a state which does not seem to recognize domestic partnerships.

Call Stephanie Coulter of this office at 602 462 1004 if you would like to discuss your options and estate planning needs.

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Answered on 5/25/12, 7:48 pm
Donald Scher Donald T. Scher & Associates, P.C.

You would make and sign the same Will as anybody else. Your Will determines who will inherit your estate, property and money, after the payment of your expenses, claims and taxes. In a Will, you can provide who gets what and when.

You may or may not get any benefit from having a "living will." A living will is not a Will, but an advance medical directive, saying what you want or don't want when in a terminal state of health.

I strongly recommend that you make durable powers of attorney, both for health care and for financial purposes. This way, your partner or any other person that you trust, can step in and take care of your personally and financially, should you need or want them to do so. Under the health care power, your agent would have the powers enumerated under a living will, but would have the authority to apply discretion, as you have instructed your agent to do.

These powers of attorney are more important than a Will, because they protect you during your life time.

In addition, living together as an unmarried couple, you should have a cohabitation agreement which would serve to protect both of you and help to avoid disagreements in the future.

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Answered on 5/27/12, 1:15 pm


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