Many LGBT couples have children whom both partners consider to be their own, but whom only one partner is actually the biological and/or legally recognized parent. In this situation, many partners become concerned about who will have the right to take care of their minor children should the legally recognized parent die. In the end, all decisions surrounding custody are based on the best interests of the child, but partners can provide for an alternate guardian in their Will with clearly stated reasons for believing a specific person (including their surviving partner) would be the appropriate guardian for minor children. While not necessarily binding, Courts will take these wishes into consideration when determining guardianship rights.
Moreover, Pennsylvania allows couples to seek what is called a second-parent adoption. This enables a second parent to adopt a child without the first parent losing their legal rights to custody of that child. LGBT couples with children should speak to an attorney about exploring these options.
Monday, September 13, 2010
Monday, September 6, 2010
Intestate Succession in Pennsylvania
In Pennsylvania, when a person dies without a Will, they are said to have died "intestate" and their property will pass according to the laws of intestacy. Pennsylvania law divides the assets and belongings of a person who dies intestate between the surviving spouse and either the deceased's issue (children, grandchildren, etc.) or the deceased's parents. If there is no surviving spouse, assets will pass to surviving issue, parents, or even more distant relatives.
As there are no legally recognized relationships for same-sex couples in Pennsylvania, gay and lesbian surviving partners typically will inherit nothing (other than assets which they had owned jointly with their partner or of which they were a beneficiary) from a partner who dies without any estate planning documents in place. Because the surviving partner of a same-sex relationship cannot be recognized as a spouse in Pennsylvania, all of the deceased partner's probate assets will pass instead to the deceased partner's children or parents, if any are then living. Assets will even pass to more distantly related persons if the partner dies intestate with no surviving issue or parents instead of passing to the surviving partner.
Gay and lesbian persons can avoid leaving their surviving partner with nothing if they have the right estate planning documents in place. Each person's individual situation varies, and as such, members of the LGBT community should speak with an attorney to be fully advised of their options.
As there are no legally recognized relationships for same-sex couples in Pennsylvania, gay and lesbian surviving partners typically will inherit nothing (other than assets which they had owned jointly with their partner or of which they were a beneficiary) from a partner who dies without any estate planning documents in place. Because the surviving partner of a same-sex relationship cannot be recognized as a spouse in Pennsylvania, all of the deceased partner's probate assets will pass instead to the deceased partner's children or parents, if any are then living. Assets will even pass to more distantly related persons if the partner dies intestate with no surviving issue or parents instead of passing to the surviving partner.
Gay and lesbian persons can avoid leaving their surviving partner with nothing if they have the right estate planning documents in place. Each person's individual situation varies, and as such, members of the LGBT community should speak with an attorney to be fully advised of their options.
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