Defining a "Spouse" in Trust Documents

Ebner, Daniel; Prather, Ray
September 2012
Trusts & Estates;Sep2012, Vol. 151 Issue 9, p15
The article discusses same-sex partners and the drafting of trust documents as of September 1, 2012, focusing on how to properly define a spouse in such documents in light of the U.S. Defense of Marriage Act's prohibition against the federal recognition of same-sex marriage. According to the article, several U.S. states allow same-sex civil marriages, including Massachusetts and New York, while others such as Oregon allow same-sex civil unions. The issue of jurisdiction is also mentioned.


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