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Top Myths About Last Wills and Testaments for Gays

By Ramon Johnson, About.com


Who wants to think about death in the midst of the goodness of life? The reality is, however, that death is inevitable and often unpredictable. As gay, bi, lesbian or trans people who are not afforded the same equal rights as other citizens it's even more important for us to protect ourselves, our partners and our families in the event of our passing. This can be done by giving a cash inheritance, property or simply a priceless personal item. The best way to make your intentions known (without dispute) is to have a last will and testament drafted.

You may not be concerned about death given your good health, youth or relationship status, but having a will is important in all scenarios. Here are a few common myths associated with writing a last will and testament:

Only married couples write wills.

Last wills and testaments are recommended for all serious partnerships. They are especially important for same-sex couples that are not legally married, but share assets (money, house, cars, etc.). Without the right to marry, neither you nor your partner have a legal right to each other's assets upon death.

I'm too young for a will.

Even if you're single, it's never too early to draft a will. Life and death can be unpredictable. And though it's quite taboo to consider death at an early age, the reality is it happens and you should be prepared.

I don't need a will because I don't own a house or have much money.

You possessions and assets are never too small to consider writing a will. We typically think of large inheritances and properties when considering wills, but even your smallest items are important. I have several priceless (yet not very valuable) items that are very dear to me. When I pass away, I would like certain loved ones to have certain items (and I know they would hold them dear as well).

My partner and I are already domestic or civil union partners, so we don't need a will.

Before disregarding a will, check the state level benefits that are given to you and your partner as a domestic partnership or civil union couple. Most domestic partnerships and civil unions do not grant the same rights as legal marriage. Inheritance rights may be one of the missing links. Don't assume just because you share a mortgage, bills or a bank account that you or your partner have a legal right to each others' assets.

I can't afford a lawyer.

Some states have simple forms that allow you to draft the will yourself, but mostly hiring an attorney to draft a will isn't terribly expensive. Having a will is very important, so consider saving up to have one written.

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