When civil union partners don't have a will...

...there is still a way, because the Illinois Probate Act applies to "unionized" couples, Joanna M. Lekkas explains in the latest ISBA Trusts and Estates newsletter.

"Some of the most important rights afforded spouses under the Illinois Probate Act include the right to receive a spousal award, primary preference in nomination as representative of the deceased spouse’s estate, and the right to either half or the entire estate of the deceased spouse, depending on if the deceased spouse has children," Lekkas writes.

Of course, Probate Act protection is no substitute for a professionally drafted will and other good estate planning, she continues. "[I]t is important to keep in mind that only six states recognize these unions. Therefore, estate planning for disability and death remain important tools for same-sex couples." Read her article and find out more.

Posted on November 30, 2011 by Mark S. Mathewson
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