Court: NYer in gay marriage can inher...

Court: NYer in gay marriage can inherit as spouse

There are 12 comments on the CBS 6 Albany story from Feb 24, 2011, titled Court: NYer in gay marriage can inherit as spouse. In it, CBS 6 Albany reports that:

A New York appeals court has upheld a ruling allowing a survivor of a same-sex marriage to inherit as a spouse.

Join the discussion below, or Read more at CBS 6 Albany.

DNF

“Judge less, Love more”

Since: Apr 07

Born in Newark Ohio

#1 Feb 24, 2011
I wonder of the Pope will excommunicate the entire State of New York. Oh wait, he owns too much real estate in Manhattan alone.

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#2 Feb 25, 2011
This case proves that having a will simply isn't enough. Without the protections of marriage, it's much easier to contest any will.
Frank Stanton

New York, NY

#3 Feb 25, 2011
Even though the Republicans retook control of the New York Senate in this past election, there is an excellent chance that a Marriage Equality bill will be passed in the New York Legislature, and signed by the Governor, sometime this spring.

“Equality First”

Since: Jan 09

Location hidden

#4 Feb 25, 2011
WeTheSheeple wrote:
This case proves that having a will simply isn't enough. Without the protections of marriage, it's much easier to contest any will.
That's true. I know, correct that, knew, 3 elderly gay men that lost everything they and their partners had built over many years, even though there was a will involved. Blood relations still have too much influence in these types of cases. My spouse and I have spent thousands to protect each other, and I still worry about what would happen should my greedly family decide to contest my will, trust, and power of attorney. I even went so far as to put all of my investments in my name with a "transfer on death" stipulation in the ownership. I can only hope he will be protected.

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#5 Feb 25, 2011
RalphB wrote:
<quoted text>
That's true. I know, correct that, knew, 3 elderly gay men that lost everything they and their partners had built over many years, even though there was a will involved. Blood relations still have too much influence in these types of cases. My spouse and I have spent thousands to protect each other, and I still worry about what would happen should my greedly family decide to contest my will, trust, and power of attorney. I even went so far as to put all of my investments in my name with a "transfer on death" stipulation in the ownership. I can only hope he will be protected.
Excellent move. I've done the same after getting advice from my lawyer. It is next to impossible to challenge a T.O.D. order, and in addition it doesn't have to go through probate. For jointly owned property such as a house, land, car, boat, etc, make sure you use a "joint tenancy with right of survivorship".

Since: Jun 10

Dallas, TX

#6 Feb 25, 2011
its a shame that we have to fight for even the most basic rights ... but we do and will.

and we fight on

“Equality First”

Since: Jan 09

Location hidden

#7 Feb 25, 2011
WeTheSheeple wrote:
<quoted text>
Excellent move. I've done the same after getting advice from my lawyer. It is next to impossible to challenge a T.O.D. order, and in addition it doesn't have to go through probate. For jointly owned property such as a house, land, car, boat, etc, make sure you use a "joint tenancy with right of survivorship".
We do have joint with survivor, but that is one of the ways in which the families of these men that I mentioned destroyed the living spouse. Most of their wealth was in the house(s) they owned, and the family was able to attack the will and get the half of the house of the deceased. I haven't talked to a lawyer about the TOD as regards our houses, but I wonder if maybe we should have them also listed as TOD inseated of survivor.
Frank Stanton

New York, NY

#8 Feb 25, 2011
jlackey71 wrote:
its a shame that we have to fight for even the most basic rights ... but we do and will.
and we fight on
umm... isn't that what Americans did in 1776 ?

“Equality First”

Since: Jan 09

Location hidden

#9 Feb 25, 2011
WeTheSheeple wrote:
<quoted text>
Excellent move. I've done the same after getting advice from my lawyer. It is next to impossible to challenge a T.O.D. order, and in addition it doesn't have to go through probate. For jointly owned property such as a house, land, car, boat, etc, make sure you use a "joint tenancy with right of survivorship".
Forgot to mention, our cars are also TOD. My spouse inheirted a home in Brighton, England, so he owns that, and we are in the middle of changing the ownership to reflect dual ownership. In fact, we may just forget that and sell it, as we are re-thinking our plans of moving there when he retires. I'm just not sure of the market over there now for selling it.

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#10 Feb 25, 2011
RalphB wrote:
<quoted text>
We do have joint with survivor, but that is one of the ways in which the families of these men that I mentioned destroyed the living spouse. Most of their wealth was in the house(s) they owned, and the family was able to attack the will and get the half of the house of the deceased. I haven't talked to a lawyer about the TOD as regards our houses, but I wonder if maybe we should have them also listed as TOD inseated of survivor.
Are you sure? Because like TOD, with JTWRS full ownership of the house transfers directly to the surviving owner without going through probate. People can contest a will all they want, but that only affects what goes through probate. It's almost impossible for them to get at assets which don't go through probate.

Depending on the state, TOD can be used for real estate too. Most people do either TOD or JTWRS depending on the situation, not both.

“Equality First”

Since: Jan 09

Location hidden

#11 Feb 25, 2011
WeTheSheeple wrote:
<quoted text>
Are you sure? Because like TOD, with JTWRS full ownership of the house transfers directly to the surviving owner without going through probate. People can contest a will all they want, but that only affects what goes through probate. It's almost impossible for them to get at assets which don't go through probate.
Depending on the state, TOD can be used for real estate too. Most people do either TOD or JTWRS depending on the situation, not both.
I can only go by what the surviving partners said, and that was that they had their homes in Joint, and lost the half that belonged to the spouse. I'm not a lawyer, of course, so I can only take their word for it. As they are all dead now, it's difficult to know for sure. This all happened back in the 80's when I was volunteering in working for elderly gays.

We have our house in Joint because that is what the lawyer told us to do. The TOD for other property we did later. The problem with TOD on a house is that it has to be in one name only, and for tax purposes we perfer the Joint arrangement. Trying to explain all this is making my head spin. I guess I'm going to have to go to the lawyer again. And we haven't even discussed the Trusts yet.

“Headed toward the cliff”

Since: Nov 07

Tawas City, Michigan

#13 Feb 25, 2011
RalphB wrote:
<quoted text>
I can only go by what the surviving partners said, and that was that they had their homes in Joint, and lost the half that belonged to the spouse. I'm not a lawyer, of course, so I can only take their word for it. As they are all dead now, it's difficult to know for sure. This all happened back in the 80's when I was volunteering in working for elderly gays.
We have our house in Joint because that is what the lawyer told us to do. The TOD for other property we did later. The problem with TOD on a house is that it has to be in one name only, and for tax purposes we perfer the Joint arrangement. Trying to explain all this is making my head spin. I guess I'm going to have to go to the lawyer again. And we haven't even discussed the Trusts yet.
We preferred joint ownership on the house as well, mostly for tax purposes too. Our vehicles are still separately owned and Michigan doens't have a TOD for autos. Since they're all older vehicles I haven't bothered with the expense of re-registering them as joint property, because of course technically I have to sell my husband half of each vehicle I own (and vice versa) for blue book value and pay the sales tax on the "transaction"- typical nickel & dime state taxation.

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