How do state laws of intestacy apply to same-sex couples?
In Washington, just like other states, same-sex couples are treated like any other married couple when it comes to intestacy law. This means that if one spouse dies without a will, the surviving spouse will have the right to inherit all or part of their spouse’s estate. Under Washington law, a surviving spouse has the right to inherit the decedent’s entire intestate estate if the couple had no children together, or if all of the children were also the children of the surviving spouse. If there are children of both spouses, the surviving spouse has the right to inherit one-half of the decedent’s intestate estate. In addition, same-sex couples have the same rights as any other married couple when it comes to transferring property between spouses during their lifetimes. This means that spouses of the same sex can transfer ownership of property to one another through joint tenancy, community property agreements, or even gift-giving. The laws of intestate succession in Washington also provide for the transfer of assets to a partner upon their death, if the partner can provide proof of a substantial contribution to the estate of the deceased partner. This could include proof of shared assets acquired during the couple’s lifetime. In addition, a surviving partner may be able to inherit certain assets from their deceased partner’s estate, such as life insurance policies with designated beneficiaries. It is important to recognize that these laws are always changing, and same-sex couples should make sure they are up-to-date on any changes that may affect their rights.
Related FAQs
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