Gay Cowboy Loses Everything When His Partner Dies

[GotZoom]

When you are straight and married, paperwork doesn't matter. Therefore it is (to some extent) a "gay" issue.

Wrong.

I am straight and married. I can either leave everything to my wife which will make it subject to taxes or leave it to my "estate" with her as the executor which will make it exempt from taxes.

Paperwork matters.

 

[dilloduck]

1) Your bumper sticker sayings were funny
2) The gay bumper stickers are just a display that you're proud to be gay.

Why should homosexuals be proud? Did they do something especially great that I am not aware of?

 

[GotZoom]

1) Your bumper sticker sayings were funny
2) The gay bumper stickers are just a display that you're proud to be gay.

If an individual was proud to be a member of NAMBLA, would a bumper sticker stating such also be appropriate?

 

[jAZ]

Wrong.

I am straight and married. I can either leave everything to my wife which will make it subject to taxes or leave it to my "estate" with her as the executor which will make it exempt from taxes.

Paperwork matters.

Paperwork matters in maximizing your estate planning, but I'm sure you recognize that's not the point at issue here.

If you have no paperwork at all, the law contains a default assumption about your joint property rights based upon your legal marriage. Unless you pay to document other intentions, this assumption is used to define your spouses rights.

If you are a gay couple, it doesn't work in the same way. Therefore the fact that it doesn't work in the same way for gay couples, makes it a gay issue.

The estate planning to maximize the tax benefits aren't part of this discussion though they are nice financial planning notes.

 

[jAZ]

If an individual was proud to be a member of NAMBLA, would a bumper sticker stating such also be appropriate?

Great, now we are saying gay bumper stickers are inappropriate???

I get the feeling you are trying to stop (legally?) people from speaking publicly about their sexual orientation?

This is rather distubing.

I'm sensing a want for a greater degree of facism so that you don't have to look at rainbow bumberstickers.

That seems like a fair trade.

 

[dilloduck]

Paperwork matters in maximizing your estate planning, but I'm sure you recognize that's not the point at issue here.

If you have no paperwork at all, the law contains a default assumption about your joint property rights based upon your legal marriage. Unless you pay to document other intentions, this assumption is used to define your spouses rights.

If you are a gay couple, it doesn't work in the same way. Therefore the fact that it doesn't work in the same way for gay couples, makes it a gay issue.

The estate planning to maximize the tax benefits aren't part of this discussion though they are nice financial planning notes.

The law can screw you if you die straight or gay. Whining about the law isn't an excuse for legalizing gay marriage. The government should stay out of the religious practice of mariage.

 

[dmp]

Great, now we are saying gay bumper stickers are inappropriate???

I get the feeling you are trying to stop (legally?) people from speaking publicly about their sexual orientation?

This is rather distubing.

I'm sensing a want for a greater degree of facism so that you don't have to look at rainbow bumberstickers.

That seems like a fair trade.

...do you know what NAMBLA is? Talk about disturbing..

North American Man/Boy Love Association is about Gay men who prey on Boys. Yay. Let's all get bumper stickers to show we are, like you may be, a homomaniac

 

[GotZoom]

Paperwork matters in maximizing your estate planning, but I'm sure you recognize that's not the point at issue here.

If you have no paperwork at all, the law contains a default assumption about your joint property rights based upon your legal marriage. Unless you pay to document other intentions, this assumption is used to define your spouses rights.

If you are a gay couple, it doesn't work in the same way. Therefore the fact that it doesn't work in the same way for gay couples, makes it a gay issue.

The estate planning to maximize the tax benefits aren't part of this discussion though they are nice financial planning notes.

To not have any paperwork at all is incredibly irresponsible; I don't care who you are. Not having anything on paper could be dis-advantageous to a straight couple also when it comes to a possible dispute. If I don't "say" I am leaving everything to my wife, my children, too, can dispute what I "leave" behind.

Not only is estate planning is the issue, but just being a responsible "couple" is a bigger issue.

Gay Cowboy (GC) 1 and GC 2 are together. Just as any other couple, they want to make sure the other is provided for should something happen to one of them.

What is the best way to do this? Leave a will and have the survivor subject to taxes? Or better yet, make an estate and make each other the executor so there won't be any taxes; hence, more money and property (value) to the survivor.

Who ever they talked to, who "left off the one signature" was irresponsible.

The state ruled the way they did because of a paperwork issue - not "who the paperwork was for" issue.

There are many gay couples who have gone the "estate" route - and the government can't do a thing about it.

 

[GotZoom]

Great, now we are saying gay bumper stickers are inappropriate???

I get the feeling you are trying to stop (legally?) people from speaking publicly about their sexual orientation?

This is rather distubing.

I'm sensing a want for a greater degree of facism so that you don't have to look at rainbow bumberstickers.

That seems like a fair trade.

You did not answer my question.

Do you think it would be appropriate for a member of NAMBLA to display a bumper sticker on his car that says, "I support Michael Jackson - I support NAMBLA."

 

[Hobbit]

Great, now we are saying gay bumper stickers are inappropriate???

I get the feeling you are trying to stop (legally?) people from speaking publicly about their sexual orientation?

This is rather distubing.

I'm sensing a want for a greater degree of facism so that you don't have to look at rainbow bumberstickers.

That seems like a fair trade.

You see, this is where your mentality counts. You're a believer in big government. Most of us on this board are not. Therefore, when we say something is innappropriate and that we don't want to see it, most of us here would probably not advocate a legal ban on it, just some common sense and civility from ordinary people. I see all this gay pride stuff everywhere, and it's basically the same thing as wearing a shirt that says "I have sex with other men/women," which is something I really am better off not knowing, or at least not thinking about.

As far as gays go with this default stuff in case of marriage, it's quite simple. Marriage is an age old institution with the purpose of creating stable families capable to having and raising kids in a stable environment. Since this has a positive effect on society, the government accomadates it in order to encourage people to do it, or at least remove some of the obstacles. Gays, however, cannot provide any of these effects. A gay couple cannot reproduce, no matter what the Massachussetts birth certificates say, and it has been statistically shown that children who do not have both a mother and a father are far less likely to succeed in the real world. Therefore, those obstacles are not removed for them, and they have to fill out inheritance and power of attorney paperwork instead of a simpler marriage liscense.

As with most things, there is a practical, business-like reason for not having gay marriage.

 

[KarlMarx]

Great, now we are saying gay bumper stickers are inappropriate???

I get the feeling you are trying to stop (legally?) people from speaking publicly about their sexual orientation?

This is rather distubing.

I'm sensing a want for a greater degree of facism so that you don't have to look at rainbow bumberstickers.

That seems like a fair trade.

The constitution protects the freedom of political speech. It does not give me the right to go to a nursery school and say words like "F---", "M----R" and "C----R" and guess what... I can't use those words at work, either.

The gay activists as members of the Left, however, have attempted to limit the freedom of speech as protected in the First Amendment by trying to label opinions not in agreement with their world view as "homophobic" and "bigoted". It has succeeded in getting hate crime legislation passed and that could be used to limit what it feels is "hate speech"....

So, it is possible that the gay rights activists may do more to limit civil liberties by looking after the interests of its base than all the jack booted, right wing, fundamentalist, Christian Nazis (or whatever you think me to be) could ever dream of.

 

[manu1959]

When you are straight and married, paperwork doesn't matter. Therefore it is (to some extent) a "gay" issue.

you have no idea how wrong you are ..... if you die with no will .....your estate goes into probate .....which means anyone and everyone can lay claim to what you had ..... your spose does not automatically get everything .... so while contest all the various claims you get nothing .....

the dude in the story took it in the arse twice, once because he was gay and once because he was stupid.....

 

[Avatar4321]

you have no idea how wrong you are ..... if you die with no will .....your estate goes into probate .....which means anyone and everyone can lay claim to what you had ..... your spose does not automatically get everything .... so while contest all the various claims you get nothing .....

the dude in the story took it in the arse twice, once because he was gay and once because he was stupid.....

I don't know why we are even having this discussion.

It's not a gay issue. If he has simply filled out the paper work properly he wouldnt have an issue. The fact is he was dumb.

At best, the guy can sue the lawyer who wrote it up for malpractice and probably win.

 

[GotZoom]

I don't know why we are even having this discussion.

It's not a gay issue. If he has simply filled out the paper work properly he wouldnt have an issue. The fact is he was dumb.

At best, the guy can sue the lawyer who wrote it up for malpractice and probably win.

Most insurance agents, estate/financial planners (and lawyers I think) have something called E & O (Errors and Omissions) coverage for just this reason.

If they "advise" or make a "mistake" that costs someone money, they can file a claim.

I wonder if these two cowboys even had an "advisor" and didn't do a Do-It-Yourself will.

Too many checks and balances for signatures when an attorney/financial advisor does it for you.

 

[Mr. P]

Ahhhhhh…I see we’re bashing gays again today.

Reminds me of a time we did the same to NEGROS.

Some things never change I guess.

 

[dmp]

Ahhhhhh…I see we’re bashing gays again today.

Reminds me of a time we did the same to NEGROS.

Some things never change I guess.

Who is bashing homosexuals? (shrug).

 

[Abbey Normal]

I though we were merely pointing out the slipshod manner in which someone handled their estate. Someone who just happened to be gay.

But hey, at least Hollywood's agenda is working great; this article indicates there is now a hue and cry for the plight of gay cowboys.

 

[GotZoom]

Ahhhhhh…I see we’re bashing gays again today.

Reminds me of a time we did the same to NEGROS.

Some things never change I guess.

I would think that we are actually bashing people who don't take proper precautions to make sure their loved ones are cared for after one of them passes away.

 

[Mr. P]

I would think that we are actually bashing people who don't take proper precautions to make sure their loved ones are cared for after one of them passes away.

Sure and I would agree. But as someone pointed out, IF the same rights were afforded gays as are even afforded common law couples, this may not even have been an issue. The plaintiff would have had a much steeper legal hill to climb, and they may have not pursued it. I also agree with Manu...a good probate attorney could probaly win this for the guy. After all, intent was clear.

So yeah, it’s bashing, back door bashing (no pun intended) but bashing none the less.

 

[jAZ]

The law can screw you if you die straight or gay. Whining about the law isn't an excuse for legalizing gay marriage. The government should stay out of the religious practice of mariage.

So you agree with me then...

...I have what I believe is a much better solution.

Civil Unions For All and Marriage for Church

The idea is simply that (in the spirit of small government) we remove them from the practice of religion. Marriage is a primarily religious thing, that was eventually sanctioned by the state with a corresponding set of property defining laws.

Well, let's go back to that.

Let churches define marriage however they choose (liberal ones will "marry" gays, conservative ones won't).

The government won't "marry" anyone. It will authorize civil unions between any two parties sincerely committing to a lifetime union. And leave the marriage issue to the churches thus putting the protection of the concept of Marriage in the hands of the Churches and their parishioners who care deeply about the term.

Hell, in the case of same sex partners, they don't even necessarily need to be "gay". It's pretty reasonable that two widowed old war buddies might become roommates and best friends and blood brothers and choose to petition for a civil union in order to formalize that blood bond to always be there for the other.