Trusts and Estates

Ca. Trs. & Estates Quarterly Volume 9, Issue 1, Spring 2003

NAMING THE NEW DOMESTIC PARTNER RULES

By Mark Powell, Esq.*

According to the 2000 U.S. census, 5.5 million couples live together in the United States but are not married. The census identified 594,000 same-sex couple-led households, and one out of eight such households lives in California. More and more of these couples seek to solidify their relationships legally, and they will look for estate planners who are familiar with the issues that concern them. Most planners are already familiar with the estate planning techniques most helpful to domestic partners; they are the same tools used by married couples. Planners simply must learn to apply these tools aggressively, creatively and thoughtfully to overcome the personal issues and tax obstacles that unmarried partners face.

I. CALIFORNIA LAW EVOLVES

A. The "Old" Days

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