Despite the Supreme Court’s landmark 2015 ruling in Obergefell v. Hodges, making same-sex marriage the law of the land, many states still have outdated laws on their books. Therefore while the legalization of gay marriage may have been a significant step towards equality, same-sex couples still face challenges that their heterosexual counterparts do not. One such challenge is the issue of inheritance and the need for a Will. In this article, we will discuss why creating a Will is crucial for same-sex couples and how it can protect your assets and your partner.
Inheritance laws can be complex and vary from state to state.
If someone dies without a Will, their assets will usually go to their next of kin, usually a spouse or children. However, if you are in a same-sex relationship and not legally married, your partner will not be recognized as your next of kin under the law. This means that if you die without a Will, your assets could go to other family members instead of your partner.
A Will is a legal document that outlines your wishes for how your assets should be distributed after your death.
It is especially important for same-sex couples who are not legally married to have a Will, as it can ensure that your partner is taken care of and receives your assets as you intended. By creating a Will, you can protect your assets and ensure that your partner is provided for after your death.
Without a Will, your partner could be left with nothing, even if you have been together for many years.
This could be devastating, especially if your partner relied on you financially. A Will can also provide for other important issues, such as guardianship of children or pets, funeral arrangements, and charitable donations. By including these provisions in your Will, you can ensure that your wishes are carried out and your loved ones are taken care of.
Another reason why a Will is important for same-sex couples is that it can help prevent legal battles and disputes over your assets after your death.
If you do not have a Will, your family members may contest your partner’s claim to your assets, leading to a lengthy and expensive legal battle. By creating a Will, you can prevent these disputes and ensure that your assets are distributed according to your wishes.
Same-sex couples need a Will to ensure that their assets are distributed as they intended and to provide for their partner after their death. A Will can also prevent legal battles and disputes, making the process of settling your estate smoother and less stressful for your loved ones. If you are in a same-sex relationship and do not have a Will, it is important to consult with an attorney to create one as soon as possible. By creating a Will, you can protect your assets and your loved ones, and have peace of mind knowing that your wishes will be carried out.
Heidi S. Webb, Attorney at Law, serves clients in Daytona Beach, Ormond Beach, Port Orange, and beyond with matters of Elder Law, Estate Planning, and Small Business Law. Contact her today to schedule a free consultation. Visit her page on Facebook, or see what her clients are saying to learn more about Heidi.