Partners in Civil Unions and Marriages Still Need Planning--Part II of VII

In looking at the rights that married couples have and partners would get if they were allowed to marry, let’s first look at the right of inheritance. Like most hetero married couples, gay and lesbian couples want their partner to inherit everything. Their concern is that they provide for each other in sickness and in health, and also after death. Unfortunately, North Carolina law does not provide that for married couples who fail to write their wishes done.

If Jane Doe and Janet Doe are married with a son John Doe and Jane passes on, then Janet will get the following from Jane: one half of all real estate ,the first $30,000 of personal property and financial accounts, and then one-half of the rest of the personal property and financial accounts. John Doe would get the rest of the property at age 18. Not exactly what Jane and Janet would want, huh?

Since we’re doing what ifs, what if there were no children to account for? North Carolina is only a little kinder to Janet if Jane passes on and Jane has other relatives. Janet would get one half of all real estate, the first $50,000 of personal property and financial accounts, and then one-half of the rest of the personal property and financial accounts. The rest would go to Jane’s parent or parents, or if deceased to any brothers or sisters (or their children if they were deceased). If none of them weren’t alive, then that share would go to grandparents, and if they were not alive, then to Jane’s aunts and uncles. Basically, the only way under North Carolina law that Janet would receive all of Jane’s estate is if Jane had no relatives any closer than fourth cousins.

Either that or Jane and Janet could work with an attorney to put their wishes in writing so Jane and Janet are both protected. While equality of marriage should remain a goal of the GLBT community, it is not a cure-all for legal protections. Next, we’ll take a look at what happens if Jane and Janet pass on leaving property to their son John.