How do you create a will to provide your significant other if states do not acknowledge your relationship? Can siblings and other family contest the will and leave a partner with nothing? How does it work regarding houses, money, etc? or is it wise to just leave everything in a savings account for partner? Law Prof only replies.
2006-10-05 02:13:17 · 4 answers · asked by xinx78 1 in Politics & Government ➔ Law & Ethics
You don't have to mention your relationship with the person intended to be the beneficiary. You can leave your stuff to whoever you want. What you can do is create a trust and make yourselves owners of the trust. That way if either one of you dies, the trust automatically becomes that of the other. It also avoids probate. You would be wise to consult an estate attorney. I almost NEVER recommend going to an attorney. I am all about doing things yourself and cutting out the middleman, but in this case, I think you would benefit. Good luck!
2006-10-05 02:43:11 · answer #1 · answered by Zelda 6 · 0⤊ 0⤋
Whether a state recognizes same sex partners might be an issue only in the ABSENCE of a will. If you got a will, you can leave it to whomever you want. Just leave it by name. There's no need to indicate that they are a significant other. The mere fact that you mentioned them in your will indicates to the world that they were important to you. Family members cannot successfully contest such a Will. It might be wise to leave the family members something too ...and then put in a "no contest" clause which says that if anyone contests the will that they lose everything that they would have been entitled to receive under the will. That stops lots of people from bringing up complaints.
2006-10-05 02:18:41 · answer #2 · answered by Brand X 6 · 0⤊ 0⤋
In New York there are some considerations beyond the obvious. If you have or have had a spouse other than your current same sex S.O., the spouse may have rights created by law to a portion of your estate. This is an area in which consulting a Trusts and Estates professional is a very good idea, since these regulations are strictly enforced in favor of the surviving spouse, even if they run contrary to the wishes expressed in a will.
2006-10-05 02:25:33 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I do not think you have to describe your relationship with someone on a will if you dont want to.
2006-10-05 02:17:19 · answer #4 · answered by Georgi Girl 4 · 0⤊ 0⤋