When Can Gay Couples Marry in California? This morning the U. S. Supreme Court ducked the question of whether same-sex couples have a right to civil marriage under the U. S. Constitution. However, it did so in a way that will uphold a decision by a California District Court that the ban on same-sex marriage under Proposition 8 is unconstitutional. So… can gays… Read More
Can I Inherit My Partner’s Property if I’m Not in the Will? It’s very important that non-married persons, either same-sex or opposite-sex couples, do basic estate planning! Here is a question recently posed by someone who was promised the world but left with nothing, along with my answer: Question: If I share a home with my partner for over 20 years, and helped pay for upkeep and… Read More
California rules in favor of gay-marriage opponents. Today the California Supreme Court, acting on a request by the Ninth District Court of Appeals, held that the proponents of a ballot initiative have standing to support the measure in court when State officials decline to do so. The underlying case? A complaint filed in federal court against the constitutionality of Proposition 8, the… Read More
Letter of Last Instructions Here’s a good idea: Give guidance to your heirs, expected personal representative (executor or trustee) and loved ones by creating a Letter of Last Instructions. Tell your estate planning attorney, and proposed Excecutor or Trustee where it can be found, and leave it in that trusted place (safe deposit box or fire-proof safe – you… Read More
Requirements for a Registered Domestic Partnership So, you’re thinking about registering with your significant other but not sure what the requirements or benefits are? You’re not alone! But the requirements are really quite simple. There are six requirements to enter into a California Registered Domestic Partnership. These are covered in California Family Code Section 297(b). 1. Neither party can be married… Read More
Future of Same-Sex Marriage in California? So what does the future hold for same-sex marriage in California? It’s a subject that all Estate Planning attorneys are watching very carefully. In my opinion, the answer depends on whether you’re looking at the short-term or long-term. In the short term, the California Supreme Court sounded very dubious in recent oral arguments about overturning… Read More
