From: cmr@world.std.com (Charles M Richmond)
Newsgroups: ne.politics
Subject: Re: Hypocrasy test: (was Re: Abortion: What does God say?)
Date: 23 Aug 92 20:29:29 GMT
Distribution: ne
Organization: Integrated International Systems Corp. One Longfellow Place, Suite 3309, Boston, Ma.

rdonahue@spdcc.com (Bob Donahue) writes:

>cmr@world.std.com (Charles M Richmond) writes:
>>rdonahue@spdcc.com (Bob Donahue) writes:

>>>...................................  If I die, no matter what my
>>>will says, my family can declare it invalid if it includes my
>>>lover because legally he has no relationship to me.  Is this
>>>a "special right"?

>>Just a nit... 


>	It is not an overstatement.  It happens.

>	If you are not legally bound to the people in your will, and
>do not include your family, your family can contest the will, and
>in most cases will win, simply because of the fact that legally,
>"gay marriages/union/partnerships/affairs/etc." have no legal basis.

Whether or not a person is gay or is part of a same sex relationship
will have no bearing on the validity of the will.


>	The more common case is where someone doesn't have a will.
>In this case it is very common for the family (if they are not
>supportive of the deceased relationship) to completely exclude the
>surviving partner from the process.  This has happened in the case
>of people who were completely estranged from their families for
>several years, owned their own property (not jointly unfortunately),
>and then died.  The family came in, took all the belongings, took the
>property, and evicted the partner.  

This situation has nothing to due with wills , since now you are
postulating the lack of one. I believe that you will also find that this
happens regularly with persons living together with no will and that the
orientation of the partners is irrelevant.


>	Bad legal planning on the couple?  You betcha!  On the other
>hand, the "special rights" of familes to go thru someone's estate
>with no regard to the people closest to the deceased is ridiculous.
>	
>	It happens. Don't beleve for a second that it doesn't.

The law here depends on the individual to make their will (and will)
known. Unless their has been a legal tie (marriage) or a legal 
document (a will) then the state justifiably rules that the individual
has through their failure to establish a legal dispensation (?term?)
established de facto and de jure the lack of one. This is not discrimination
by sexual preference since it applies regardless of the sexual preferences
or relationships of the individuals. (except in as much as the right to
marry is restricted) Your will , if it is written properly, can leave
everthing to a complete stranger and withstand any effort to contest.
If there is no will then the rules are the same for any SO regardless of
preference.


>	We don't want "special rights".  We want equality.  We want
>equal protection under the law.  We want our relationships to be
>treated with the same legal respect as everyone elses.  If can't
>handle that, I'm sorry, but we're not going away.

>BBC

You left out a key pronoun in your last sentence, but if you were
flaming me.....  I have already granted the accuracy (as much as I can)
of your original post. It is only in the comment about wills that your
accuracy is off. I do not deserve that flame and I respectfully
request that you clarify that last sentence.

Charlie

-- 
*****************************************************************************
*  Charles Richmond 	Integrated International Systems Corporation        *
*  cmr@world.std.com	(Temporary) cmr@chiechan.mro4.dec.com		    *
*  Specializing in UNIX, X, Image Processing, and Communications.           *
Newsgroups: ne.politics