For most people, that means a last will and testament is needed. Property that is owned jointly should pass to the surviving joint owner upon the death of one of the owners, but that is not always the case. Without a will, a court that might not respect the rights of gays and lesbians could get in the way, but a will can make things simpler. A partner is not legally considered family, so with no will, he or she cannot inherit property from a partner who dies. Simply put, a will provides for the transfer of certain assets to people that the deceased person decides on before death.
Wills only come into effect after death, and they can be changed anytime before death.
A will doesn't effect assets like life insurance or retirement accounts for which a beneficiary is named in advance. Estates may still go into probate, however, if everything is not named in the trust, so their use may be limited, according to our experts. Laziness is not a good course of action for any gay or lesbian person, Clifford said, because the state makes decisions when documents are absent. The most important document for a gay or lesbian person, whether in a couple or not, is a durable power of attorney for heath care, according to Lustig. That advocate needs to be someone familiar with the patient's medical situation, and even more importantly, someone the patient trusts.