How do state laws of intestacy apply to same-sex couples?

In Rhode Island, the state laws of intestacy apply to same-sex couples in a variety of ways. Generally, any property owned by the deceased will be distributed to the surviving partner, even if the two were not legally married. In the event of intestacy, the surviving partner, regardless of sex, is entitled to receive the decedent’s probate estate. The surviving partner will also be allowed to file for “homestead rights,” which are rights that will allow the partner to stay in the residence of the deceased for one year. This will ensure that the spouse is not displaced from their home and that the deceased’s residence is not sold or transferred to a third party. Moreover, the surviving partner may be obligated to pay the decedent’s debts. This is especially true if the partner was jointly liable for the decedent’s debt. In this case, the debt is not automatically discharged, and the surviving partner must pay it. Overall, Rhode Island’s intestacy laws provide significant rights and protections for same-sex couples. This ensures that same-sex couples have the same financial security and legal rights as any other couple in the state.

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