In the trio of big marriage equality announcements this month, the very independent state of Maine is giving partners fewer rights than they expect through marriage. Most gay couples assume that if anything happens to their partner that they will inherit everything. It is simply not true. Here is what happens:
- The surviving spouse gets the first $50,000 plus one-half if the children of the deceased spouse are only children between the deceased spouse and the surviving spouse and providing there are no other children or descendants of the surviving spouse. In other words, if there are only children between the spouses, then the surviving spouse gets $50,000 plus one-half. The rest goes to the children of the deceased spouse.
- The surviving spouse gets $50,000 plus the first half if there are no children but there is a surviving parent. The rest goes to the surviving parent(s).
- The surviving spouse gets one half if there are any children of the deceased spouse who are not also children of the deceased spouse. The rest goes to the children of the deceased spouse.
The only instance where the surviving partner as a spouse gets everything from their deceased spouse under Maine statutes is if there are no children or descendants or parents living. That’s the only time they get 100% inheritance. If partners want to leave their partner everything, then the only way to make sure partners have the plan they want is to put it in writing through correct partner protection planning. (For more information, please download the complimentary e-book The Gay Marriage Alternative at www.gaymarriagealternative.com). Relying on the law will only get you so far, but to get the plan you want requires taking proactive planning actions. Yes marriage equality in Maine is a step forward, but getting partners the exact rights they wish will only be accomplished through legal partner protection planning.
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