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Silverfoxesclub-digest In this issue: -Continuing: Be Cautious/House Deed Help
---------------------------------------------------------------------- "tenants in common" does not pass title to the survivor. "Joint tenancy" does.
Don, retired esq p
Hi Ou wills are also similarly worded ie the I leave everything to Him,and he leaves everything to me. if we both died say in a car crash it would all go to my Sister,and then with her agreement to Charity. Of course we are not bothered with a lot of relations. Those remaining are cousins once removed,so they would have no legal claim I believe that if any of the partners were previously married,then the "wife and children(If any)" might still have a claim.But not one that would mean the remaining partner would be cheated of his rights. Why do you need to go to a Gay Lwayer? ours is a straight foward firm that as a family we have dealt with over the years. A Lawyer is a Lawyer.
Regards leslie Tennents in common:.. When one party dies, then any interest in the shaared asset from the deceased passes to the heirs of the deceased. The word common, in this case, means that there is something in common like a shared interest in a partnership
Joint Tennents:.. When one party dies, then any interest in the shared asset
from the deceased passes to the party shared joint tenancy. By lae, married
people are automatically considered to be law joint tenants, unless some
agreement states otherwise. We sent this letter direct to Korki last night. See by some the responses this morning that there is quite a divergence of opinion about what to do. Be damn sure that you get some good legal advice so that your backside is covered. GOOD LUCK!!!!!!!!!!!
All the best, We have always had wills since we started living together in 1952 - which was quite something in those days. We have Living Wills, and Medical Power of Attorney. We have consulted several lawyers over the years, and each seem to agree that what we are doing and have done over the years has been correct. In a big state such as Illinois, there must be a lawyer that is sympathetic that you can locate. Try contacting LAMBDA OR ACLU for a referral to legal services. After all, it is no ones business who you own property with or who you leave it to in a will. If they start asking questions that are too personal, just get up and leave. It's none of their business. We worked with the local AIDS project for about 6 years, and have seen some terrible things happen to the survivor of a gay relationship. It is not a pretty sight, and we have all heard nightmare stories about dealing relatives. We might tell you that each of us is the sole heir of the other. Our only surviving relatives are nieces and nephews, and they have been told that whoever is the survivor of our relationship will deed everything to the surviving relatives when the last one passes on. We have never discussed our sexuality or our relationship with any of them, but we feel that they all know about us. They all call us Uncle Gene or Uncle Don. We hope that we have been of some help, and have not muddied the situation for you. We send you our deepest sympathy on the loss of your partner of 23 years, and do hope that you are coping well. Also, congratulations to you and your new found friend, and may you have a wonderful relationship.
Our best wishes, Purchase your home as "joint tenants in common with right of survivorship.
Robb The information given before was only somewhat correct. Tenants in Common simply gives joint ownership to two separate people but should one die the other would have to buy the remaining share from the deceased's estate. Joint Tenancy gives the same equal share of ownership, but in the event of the death of one of the joint tenants, the remain share(s) go directly to the survivor. You may also want to add a clause to each of your wills stating just that even though the law is clear. Speaking of that, WRITE WILLS! No, you probably will not die anytime soon, but ya never know. WRITE WILLS! BOTH of you! Be very specific, do not exclude children, get a living will written ASAP and joint power of attorneys. RUN to a lawyer and get these done. Waiting will only cause misery later!
Bob As a lawyer who does a significant amount of estate planning for "non traditional" couples, male and female, hetero and homosexual, the best advise is to have a will which sets forth the relationships, does not elimiate the children, even if they have "disowned" the parent (not speaking, etc.), and which is done long before becoming disabled or in anyway dependant on the partner who is to inherit. The wills I have seen broken have usually involved an elderly person who late in life changes his (or her) entire estate plan to disinherit the children in favor of the younger "companion". The grounds are "undue influence", ie, the younger companion was in control of the older person's life, and the older person was not of "sound mind".
Otherwise, most of these situations, that I have seen, work out as intended.
Hi All, Thanks a lot for being there everyone. You have been a great help.
Mike End of silverfoxesclub-digest V1 #288
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