Advising Same-Sex Couples

Raymond Prather (attorney and partner, Chicago, Ill.) has recently published his article entitled Considerations, Pitfalls, and Opportunities that Arise When Advising Same-Sex Couples, Prob. & Prop., May-June 2010, at 24. 

The introduction to the article is below:

Same-sex couples are acutely aware that their relationships do not receive the same legal benefits, protections, and recognition that their otherwise analogous opposite-sex married counterparts enjoy.  Consequently, these clients understand the value provided by their attorneys and are grateful for legal guidance in their special situation.  To provide competent legal services that address the particular needs of same-sex couples, attorneys must understand the patchwork of state and federal laws that govern same-sex relationships.  Attorneys also should realize these laws are constantly changing.  Finally, there are social considerations attorneys should be aware of when representing same-sex couples.  This article addresses the legal and social considerations of representing same-sex couples and then discusses strategies for dealing with gaps in the legal protections for these couples, including some instances when typical estate planning tools can be used in unusual circumstances to create planning opportunities.