Do same-sex couples have to plan more than heterosexual couples do?
Yes. The default in state law, called “intestacy,” is designed with heterosexual couples in mind. If a heterosexual couple dies without any estate plan, the survivor will get a good portion of the assets left behind. However, unless you are in a state that legally recognizes same-sex marriage, domestic partnership, or civil union and you have registered as such, the survivor would get nothing. Instead, the family of origin of the partner who died would get anything in that partner’s name, including bank accounts, real estate, etc.
