The Nation’s Capital Shortchanges Gay Spouses on Inheritance

While marriage equality took a big step forward with the District of Columbia honoring gay marriage licenses from other states, gay marriage licensees are not necessarily getting all of the inheritance rights they expect. 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 two thirds 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 two-thirds. The rest goes to the children of the deceased spouse.
• The surviving spouse gets three-fourths 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 the children of the deceased spouse are only children between the deceased spouse and the surviving spouse and there is one or more children or descendants of the surviving spouse who are not from the deceased spouse. In other words, if the surviving spouse has children of their own, then they get only a half. The rest goes to the children of the deceased spouse.
• 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 DC law is if there are no children or descendants or parents living. That’s it. If partners want to leave their partner everything if they pass on, then the only way to truly make sure you have the plan you 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 kindness of the law is not going to get it done. Yes, the unification of forces pushing for marriage equality in DC pulled gay couples in under the law, but getting partners the exact rights they wish will only be accomplished more quietly and one couple at a time through legal partner protection planning.