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The recent Supreme Court decisions on same gender marriage and Maryland’s law legalizing same gender marriage means these couples now have the same rights as heterosexual couples.“Family law is a huge area of the law,” said William Trevillian Sr. of the law firm Trevillian Law. “Setting aside the issue of getting separated, a legally married couple still have plenty of things to consider. There’s children from another marriage, adoption, wills and inheritance and joint finance and credit issues.”
The Trevillian firm recommends any couple, or any person for that matter, with children should have a will made out. A will is a legal document that specifies how a person’s estate must be distributed. Without a will, a court must decide how to handle the estate.
“It is your property and you should decide how to share it among the people you care about. Some judge who doesn’t know anything about you does not need to make the decision,” said the Severn family lawyer. “Treasure family heirlooms need to go to someone who will genuinely appreciate them.”
Marriage makes the rules of inheritance a bit more complicated. The surviving spouse does have rights to inherit under the law, said the Gambrills family lawyer. This makes a will even more important, he said.
“You can download a will form or kit off the internet,” he said. “I just want to remind you that you get what you pay for. These kits are designed to be very broad and do not take into account the fact that each state has its own set of laws. When you hire an attorney to help prepare your will, you know it meets the requirements of that state’s laws.”
The American Bar Association has a PDF about making a will on its website. The Bar says, “The will must be voluntarily signed by the testator, unless illness or accident or illiteracy prevents it, in which case you can direct that your lawyer or one of the witnesses sign for you. This requires a lawyer's guidance, or at least knowledge of your state's law, since an invalid signature could void a will.”
Mr. Trevillian Sr. said making a will, no matter the person’s age, is just being responsible especially where children are involved. The will can specify who should take care of the children if both adults are gone, he said.
“Really nobody likes to think about dying, but it will happen. You owe it to your family to have a will made out. They have enough to handle with your being gone. Help them, help yourself and be responsible. Make a will. If you’re not sure how to do it, then contact a lawyer,” said the Odenton family lawyer.
Contact Info:
Name: Steven Gordon
Email: Send Email
Phone: 410.761.2430
Website: http://www.trevillianlaw.com/
Release ID: 18365
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