Discrimination against LGBT couples and individuals can come in a variety of forms. Recently, in Salina, Kansas, an ordinance was passed that LGBT people could not be discriminated against in housing or on city property. However, many local residents are petitioning for it to be repealed. LGBT people are used to that type of fight. But, what should a gay person do if an estate plan requires them to get married to a person of the opposite sex so that someone else can receive an inheritance? This is actually an issue in recent case in New York.
A gay New York judge’s father recently passed away. The Will creates a Trust for the deceased’s grandchildren. However, the judge’s 16 month old son can only be a beneficiary if the judge marries the biological mother before the child is 6 months old. This is, of course, being challenged under New York’s marriage equality law, but is is unclear how the case will ultimately be resolved.
If something similar happens to you, seek the advice of a Probate attorney to see what you can do under the laws of your state to fight the discrimination.