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Why Marriage is Still the Best Default in Estate Planning Conflicts


Lynne Marie Kohm


Regent University - School of Law

April 2, 2013

Penn State Law Review, Vol. 117, No. 1219, 2013

Abstract:     
By analyzing a Tennessee bigamy case, a New York same-sex marriage case, and the growing cultural trend toward cohabitation over marriage, this article discusses how and why marriage is the best estate plan to protect vulnerable parties as they age. The article examines how marriage assists vulnerable parties in avoiding potential conflicts in estate planning and distribution, particularly when those parties have entered into alternative relationships. By focusing on the cases of Witherspoon, in which John Witherspoon entered into a bigamous second marriage, and Windsor, in which Edie Windsor is suing the U.S. government over the lack of federal tax recognition afforded her Canadian same-sex marriage, this article reveals how marriage expansion does not necessarily incentivize marriage, nor does it provide the benefits and protections often sought by those who enter into those marriage-like relationships. By contrasting the protection marriage affords to a vulnerable party in estate distribution and the dilemmas presented by marriage expansion (as illustrated in Witherspoon and Windsor) with the cultural disquiet over the importance of the nature and meaning of marriage, this article illuminates estate distribution conflicts in the context of the paradox of contemporary American socio-legal marriage culture. Despite the pop culture confusion over marriage, this article demonstrates why it is still the best default for estate planning conflicts.

Number of Pages in PDF File: 37

Keywords: marriage, cohabitation, same-sex marriage, estate planning, marriage-like relationships, polygamy

JEL Classification: K10, K11, K12, K00, K39

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Date posted: May 9, 2013  

Suggested Citation

Kohm, Lynne Marie, Why Marriage is Still the Best Default in Estate Planning Conflicts (April 2, 2013). Penn State Law Review, Vol. 117, No. 1219, 2013. Available at SSRN: http://ssrn.com/abstract=2243680

Contact Information

Lynne Marie Kohm (Contact Author)
Regent University - School of Law ( email )
1000 Regent University Drive
Virginia Beach, VA 23464
United States
HOME PAGE: http://www.regent.edu/kohm
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