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Love and (Gay) Marriage
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Re: Love and (Gay) Marriage
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Bard
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Feb 12 04 10:51 PM
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"A gay couple can leave a will, but the family can contest the will. If a couple is "legally" married (and covered by the rights thereof) it is harder to change a will. Also, a partner is not considered family...and if you are dying, and unable to express your wishes...the family has the right to make decisions for you."
It's basically impossible for the family to contest the will, unless they was evidence that the party who wrote the will was not legally sane,
For example, a really senile man remarried his ex wife. he was so senile he couldn't remember who is current wife was. WHen they found out what was in the will, they took the matter to court and argued that father was not in his sound mind. The court annulled the marriage, and when he died his children got the money.
A new another case in which a father who had a lot of money left most of his money to charity. His children did not like it. When they spoke to a lawyer, they were told that it would be essentially impossible to win a case overturning the will of a sane person, and very expensive to try.
"Also, a partner is not considered family...and if you are dying, and unable to express your wishes...the family has the right to make decisions for you."
If you've given someone power of attorny, and filed out certain other things with your lawyer, your partner does indeed have the ability to make decisions for you.
So basically, a regularly married heterosexual couple, depending on the case, can a will contested. It is the same for gay couples.
In most cases, it will not work, unless there was evidence that the person was totally not in his mind, and had someone manipulating/forcing his/her hand into doing something stupid with his/her money.
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