Marriage and estate planning go hand and hand in West Palm Beach. Failure to plan well after the wedding can also spell aprobate battle after the funeral. If you want to avoid these kind of fights you need to trust those with experience in estate planning. Going it alone could cost you big down the line, want to see how? Check out the probate litigation arising out of Texas after the State’s attorney general will not let a lesbian woman inherit her partner’s estate.
Inheritance and Same Sex Marriage
- Inheritance has a lot to do with the family dynamic.
- The more complex the family situation, often times means the more complex probate.
- The landmark decision to recognize gay marriage has softened this burden for same sex couples around the country but that does not mean the battle is over.
- Same sex couples are still fighting uphill probate battles throughout the country.
- State clerks are refusing to issue marriage licenses and that often means that a same sex couple does not get the luxury of an estate plan and marriage license in the State they actually live.
- How does that effect their estate plans?
- Often times relatives of the deceased may claim a share of what clearly belongs to a partner.
- Sometimes it is not even that simple.
- Take a look at this recent probate dispute in Texas where the Attorney General for the State has decided to personally try and keep the inheritance from a woman whose partner just passed away.
Inheritance Trouble in Texas
- The Attorney General in Texas has turned a family probate matter into headline news.
- A lesbian couple had signed a statement to memorialize a commitment ceremony in 2008 before gay marriage was recognized.
- The State claims the woman is trying to reach back in time to get a marriage validated retroactively and that it should not stand.
- The truth is Texas did not recognize marriage when the couple wanted one and now one is dead.
- What do you think the right answer is?
- One thing is for sure it is not simple, but it could have been.
- With a properly drafted estate plan these kind of issues will not happen in West Palm Beach.
- The State Attorney General will not have the power to challenge your will unless it is extremely contrary to public policy.
- If you are concerned that the State will not recognize your family dynamic because it is not traditional you can rely on a strong estate plan to reign in the issues.
- Although intestate succession is still somewhat confusing for same sex couples, a good will can be crystal clear in West Palm Beach.
Want to learn more?
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