Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Thursday, May 9, 2013

Marriage Still Best Default In Estate Planning Conflicts

MarriageRecent trends have shown that the institution of marriage is expanding, and that there is growing tendency for couples to pick co-habitation over traditional marriage. However, some believe that traditional marriage is still the best estate plan a person could have for a number of reasons. First, it protects "vulnerable parties in avoiding potential conflicts in estate planning and distribution, particularly when those parties have entered into alternative relationships." While it does offer protection to more people, some people believe that the expansion of marriage will not necessarily incentivize marriage. Nor does it mean that less-than traditional marriages will receive the same benefits afforded to more traditional couples. Regardless, marriage "is still the best default for estate planning conflicts."

See Lynne Marie Kohm, Why Marriage is Still the Best Default in Estate Planning Conflicts, 117 Penn St. L. Rev. 1219 (2013).

Special thanks to Katherine Pearson (Professor of Law, Penn State University - The Dickinson School of Law) for bringing this article to my attention.


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