No Death Benefits

[DC_DEEP]

If this went to the Supreme Court and they followed the US Consitution by what it says and not what they want it to say. This will be overturned. States regulate marriage. If a state says a couple is married, then according to the U/S. Constitution they are. Marriage is a domain that is given to the states, not the federal government.

Now if they had been partners and weren't married, then no he would not get the benefit.

Our current supreme court thinks only highly enough of our constitution to wipe their collective asses with it. They demonstrate total disregard for constitutional mandates, all the time.

 

[madame_zora]

You win the prize, Zora. You are correct that any will can be contested, but a trust cannot. If you set up these types of things early on, there is less chance that claims of non compos mentis can be made... an underhanded trick that attornies often use when representing the family of the decedent.

As of about 2003, there had not been a case standing of a sucessfully contested trust. Food for thought, as a will is the weakest form of a legal document imaginable, and so many attournies make a goodly portion of their livings contesting them. I keep saying we have to stop playing the game, and the best place to start is with our money. There are ways around excessive taxation and government interference with our lives and estates, but it takes a little self-education into what our true rights are to begin with.

Once in trust, the trust is named the beneficiary of any goods of all trust members. I usually recommend listing a sucession at least three deep if you want to control what actually happens to your stuff. You can specify what percentage of the trust, if any, goes to each successor and under what conditions. The person YOU name is the only person legally allowed to disperse your property after your death- no attourney or court system will be involved at all, so pick someone you trust (usually each other, in a couple).
Once set up, the trust becomes a legal entity of its own once you put something in it. I've always been amazed this "little known secret" hasn't gotten out more.

 

[Sklar]

Thanks for the advice, Madame Z

 

[Freddie53]

Once in trust, the trust is named the beneficiary of any goods of all trust members. I usually recommend listing a sucession at least three deep if you want to control what actually happens to your stuff. You can specify what percentage of the trust, if any, goes to each successor and under what conditions. The person YOU name is the only person legally allowed to disperse your property after your death- no attourney or court system will be involved at all, so pick someone you trust (usually each other, in a couple).
Once set up, the trust becomes a legal entity of its own once you put something in it. I've always been amazed this "little known secret" hasn't gotten out more.

Zora is correct here. The negatives is making out the trust and considering ALL the possiblities and have every possible situation that could happen covered.

There are two types of turst. Revocable and Irrevocable. Advantages to each I am sure.

In the Irrevocable trust even the person setting up the trust can't change it, much less anyone else.

My advice is to do some searching and find an attorney who is well versed in writing trusts. It is worth his fee if you have very many assets at all.

Another way to avoid the probate system is the Certficates of Deposit, CD's. If a beneficiary is given, that person gets it no matter and that CD no matter how large is not part of the estate that the lawyer handles and gets a fee for at your death. And no one can challenge the beneficiary on a CD.



Same goes with life insurance. Many people just pay high primiums so life insurance goes to whom they want it to go. That also is outside the domain of the estate lawyers and lawyers contesting the will. The way this works is that if your estate is worth $100,000, siimply pay the premium no matter how high for life insurance of $100,000 to go to the person who want to get your estate. The premiums may eat into your estate, but the person who want to get your money gets it.

Even a spouse can't contest the beneficiary of a CD or life insurance.

 

[DC_DEEP]

So, once again, the lesson here is: don't guess, don't assume, don't necessarily trust what an attorney tells you - he may or may not have his financial interests ahead of your legal protections. A will is merely a "serving suggestion" and is by no means legally binding. It is not easy, but you should do your research, and read the pertinent federal, state, and local laws and regulations regarding benefits, estate, and inheritance. The horror stories abound. Don't become one yourself.

Also, whether you are gay, bi, straight, or any other part of the spectrum, voice your opinions to your state and federal representatives regarding survivor benefits. Non-married straight couples are at risk. Gay couples, whether legally married or not, have so very few legal protections.