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Can a disability be considered a case for support from a deceased domestic partner?
Anonymous2 views4 answers
We are medical power of attorneys for each other, we do everything like a married couple. We were going to get married got rings, he proposed I moved in. But, them I got sick and so we did not get married. Now he is sick and potentially terminal. He wants most of his assets to go to his blood relatives. What he prepared for my benefit on the trust is not adequate to pay the bills without his income. Do I have any recourse?
Ivette M SantaellaEstate Planning AttorneySan Ramon, CA ·
Hello,
I have attached the link from the state of Nevada that describes Domestic Partnership requirements.
In order to be entitled to a share of your partner's assets, you would both need to file a Domestic Partnership application with Nevada's Secretary of State.
You may have a palimony case, but it is state specific and an experienced family attorney in your state can provide you with better information if it would apply in your situation.
I have attached a link that provides general information about palimony law in Nevada.
and the Nevada Bar Association can provide you with attorney referrals.
Good luck.
Ivette is correct. Take a careful look at your options under the Nevada Domestic Partnership. Consult local counsel if needed to establish a clear pathway. Good Luck to you !!
You use the words "domestic partner" but it is not clear that you have actually registered a domestic partnership under Nevada law as you also refer to a marriage that did not take place and Nevada does not allow same sex marriage. If you have not actually registered as true domestic partners (which is as close to a same sex marriage as you can get in Nevada, at least right now) then you have no rights other than what has been given to you in the trust or what is otherwise held in your name or jointly. It sounds like your "partner" does not want you to have his assets -- and he has the right to have his assets inherited by whomever he wishes. Even under a true domestic partnership, you would only be entitled to claim up to 1/2 of the community estate as your spousal share, and none of the separate property (that which was acquired before you became registered domestic partners) beyond what is left to you by will or trust. You need to talk to your partner about HIS wishes, and whether or not he will be creating an estate plan that provides for you, including being forthright about what situation you will be under his current estate plan. If he continues to wish for his estate to go to his blood relatives, then you will need to modify your lifestyle and circumstances to live within your own income.
