Alabama Judge Orders Probate Judges Not to Issue Same Sex Marriage Licenses. Why Does Marriage Matter in Probate Court?

Estate litigation in Florida changed a lot after the recent  US Supreme Court decision that made gay marriage legal throughout the United States. But what does marriage have to do with Florida probate litigation? Take it from a Florida will contest lawyer, a lot. Did the recent Court opinion really make gay marriage legal in all 50 States? According to an Alabama Judge and his order released on January 6, 2016, apparently not.

Alabama Judge Goes Against the Supreme Court

• Florida probate litigators know that last year the US Supreme Court (the highest Court in the land) ruled that gay marriage was legal in all 50 States.
• Florida estate attorneys also know that there is no judge that can overturn that besides the same Supreme Court.
• So why did the Alabama Court’s just release an order telling probate judges not to issue same sex marriage licenses?
• Florida probate judges have an obligation to follow the rules of higher courts just like an estate lawyer in Florida has to follow all court orders.
• The Alabama judge claims that the US Supreme Court case only applies to the jurisdictions that the lawsuit was originally from.
• Do you agree?
• Does this even matter for Florida probate lawyers and their clients in Florida probate Court?

Why Does Marriage Matter in Florida Probate?

• You may be wondering, back to the introduction, what does this have to do with Florida probate litigation?
• Actually, a lot.
• Marriage changes probate in ways that even the best probate litigation attorney may not be able to sway.
• Do you know what the elective share statute is?
• Your spouse may be able to take an elected percentage of the estate even if you disinherit them.
• Also what if you die without a will?
• Your spouse could end up with everything!
• So yes, marriage matters for Florida probate.
• Florida recognizes same sex marriages as of the date of this post.

Want to learn more about a recent Alabama probate judge’s order that says Alabama does not issue same sex marriage licenses?

Check out this recent article, click here.

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