How do state laws of intestacy apply to same-sex couples?
In Florida, state laws of intestacy apply to same-sex couples the same way they applied to heterosexual couples prior to the 2015 ruling in Obergefell v. Hodges. This Supreme Court decision made it legal for same-sex couples to marry in all 50 states. Under the ruling, same-sex couples now have the same rights and protections that heterosexual couples enjoy, including the right to inherit property through intestate succession. When a person dies without a valid will in place, their property will pass to their spouse according to the laws of intestacy. Under these laws, the surviving spouse of a same-sex couple will be entitled to receive the entire estate of the deceased spouse, just as a heterosexual spouse would. If the deceased has no surviving spouse, their estate will pass to their children, or to other relatives of the deceased. In recent years, several states, including Florida, have passed legislation prohibiting discrimination based on sexual orientation. This means that same-sex couples should be treated the same as heterosexual couples when it comes to the laws of intestacy. However, it is important for same-sex couples to understand that state laws may vary from one jurisdiction to the next, so it is important to consult an experienced attorney to ensure that their rights are protected.
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