The Staten Island probate process for same-sex spouses is the same for all legally married couples, no matter their gender. Regardless, it is still important to understand the process, how to avoid it if possible, and what a surviving spouse’s rights and obligations are. The probate process is often slow, frustrating, and emotional, but take comfort in the fact that New York applies these laws equally, so you and your spouse have the same protections as anyone else.
The Law Office of Louis P. Lepore has experience helping couples and individuals with estate planning and probate cases. Reach out to us if you need assistance with making a solid estate plan or are dealing with a probate case after a loss.
In Staten Island and all around New York, same-sex couples are given the same legal rights and obligations in the probate process as any other married couple. This includes the right to:
If one partner dies without a will, the surviving spouse is the first person under the state’s intestacy laws to inherit their estate and is given the right to petition to serve as administrator.
However, practical issues could arise. For instance, legal documents that have not been updated or complicated family relationships and structures could slow down the process. When people fail to plan properly, surviving spouses are left unprotected and may not inherit something the deceased person intended them to have.
It is critical to have life documentation prepared, especially in situations where there may be disputes or conflict. A few documents that married couples should keep filed away include:
The probate process could be unfairly delayed without these important documents at hand. Having documentation that is well-drafted could help deter unnecessary conflict. Estate planning is a beneficial tool for everyone, including same-sex couples, in the Staten Island probate process.
Some married couples make the mistake of believing their assets will automatically be transferred to their spouse upon their death. However, probate is only necessary for assets that are held solely in the deceased spouse’s name. Assets that are owned jointly or with a designated beneficiary generally do not need to go through probate, like life insurance.
Consider a spouse who bought a rental property prior to marriage and is the only person on the deed. When that person passes away, even though they are married, the property becomes part of the probate estate, and a court must oversee its transfer. Now, that is not to say the property will not end up with the spouse, but it is not automatic.
That is why it is important for couples to review how property is titled and confirm that beneficiary designations are in line with their intentions. Same-sex partners in Staten Island should utilize estate planning tools to hopefully avoid the need for the probate process.
The Law Offices of Louis P. Lepore is here to help you learn more about the Staten Island probate process for same-sex spouses. We provide practical solutions, timely communication, and respectful representation to every client we serve. Reach out to us today to schedule a confidential consultation, whether you are planning your estate or facing the loss of a spouse.
(718) 354-8646