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Same-Sex Marriage or Domestic Partnership

By Julia Frey.

The U.S. Supreme Court recently issued a decision in Obergefell vs. Hodges which held that States cannot keep same-sex couples from obtaining a license to marry and must recognize same-sex marriages from other states.  The law of the land is that same-sex couples can legally marry and be entitled to the protections, rights and obligations of any other lawfully wedded couple.   However, will this ruling result in same-sex couples being required to marry in order to keep benefits?  Many employers have provided for domestic partner benefits in the past, when same-sex marriages were not legal.  Now that same-sex marriage is permitted, will companies rescind domestic partner benefits and replace it with spousal rights?  Some large companies have already begun phasing out domestic partner benefits for same-sex partners, which means that one would have to marry to keep those benefits.  If you currently have domestic partner benefits you should check with your employer and see whether any changes are anticipated to those benefits. read more

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How much does a store bought form will cost? $24.95, $199, $500?

By: Matthew O’Kane

The answer may be much more than you pay for it.

On March 27, 2014, the Florida Supreme Court put its “two cents” in when it answered the question for the Estate of Ann Aldrich in the case of Aldrich v. Basile, 39 Fla. L. Weekly S159a.  The facts of the case are simple.  On April 5, 2004, Ms. Aldrich wrote her will on an “E-Z Legal Form.”  In her will, she listed the assets she owned at the time and devised them to her sister.  Under the terms of her will, if her sister predeceased her, Ms. Aldrich devised the listed assets to her brother.  Her will did not contain a provision dealing with after acquired property, a general devise or a residuary clause that would dispose of any assets not otherwise listed.  The E-Z Legal Form will was properly executed.  Three years later, her sister died and left Ms. Aldrich additional cash and land.  On November 18, 2008, Ms. Aldrich wrote a note that attempted to amend her will acknowledging her sister’s death and devising all “her worldly possessions” to her brother.  The note was not executed in accordance with the Florida Probate Code. read more