State Supreme Courts & State Legislatures are slowly legalizing civil unions and gay marriage. Recently, Vermont and Iowa legalized gay marriage and the key question is how does this impact you and your partner?
In Illinois, gay marriage is not recognized and therefore for estate purposes, you cannot inherit under intestate law. Intestate law is the law which says that your spouse gets half of your property and your children get half of your property if you die without a will. Your partner is not your spouse according to Illinois law and therefore, you have no rights under State of Illinois law.
What happens if you get married in Vermont or Iowa? Great idea since Iowa is close to Illinois. The Defense of Marriage Act enacted into law by President Bill Clinton says that each state has the right to make their own decisions regarding marriage. Thus, Illinois law does not assume that you and your partner are spouses or even have the privileges typically associated with spouses.
In Illinois, you and your partner should consult an estate planning attorney. If you create a Living Trust or a Will (in some cases), you can grant your Partner the legal authority to visit you in the hospital or inherit your wealth. Second, under Federal Law for Estate Tax Purposes, your Partner is not considered your Spouse. Therefore, gay couples and partners do not get favorable tax treated similar to married couples.
Sean L. Robertson is an Wealth Preservation Attorney concentrating in Wills, Trusts, Estate Planning, Elder, & Asset Protection law and can be reached at 312-498-6080 or RobertsonLawGroup@gmail.com.
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