What legal docs can do for gay couples – and what they can’t

[William769]

A few days ago, 365gay editor in chief Jennifer Vanasco sent me a question from a reader asking me to “list all the legal documents same-sex couples should complete to ensure rights of beneficiary to property, benefits, etc., including provisions for children, pets, etc.” The writer also wanted to know whether designated beneficiaries are “ever challenged by insurance companies to avoid paying death benefit?”
And this got me thinking about how hard we have to work, compared to our straight counterparts, to secure the basic peace of mind that comes with knowing that those we leave behind will be provided for. And how, even when we do all we can, the law operates to fence us out of certain financial benefits.

First, an important lawyer’s disclaimer: Nothing that I’m about to write can or should be construed as binding legal advice. I’m a law professor, not a practicing lawyer, and in any case the law varies from state to state. That said…

Let’s start with the most basic legal document designed to protect your loved ones (not just your spouses) after you’re gone: the will. If you are legally married or civilly united in your state, then your spouse will be to an extent protected in the event of your death. While state laws vary, all assign a substantial share of the decedent’s estate to the surviving spouse in the absence of a will. But unless you’re sure that the law of the state in which you’re married will apply (did you move? where was the will drafted?), you might not even be protected in that case.

http://www.365gay.com/news/culhane-what-legal-docs-can-do-for-gay-couples-and-what-they-cant/