Transgender Beneficiaries: In Becoming Who You Are, Do You Lose the Benefits Attached to Who You Were?

41 Pages Posted: 5 Mar 2019

Date Written: September 13, 2018

Abstract

Suppose William Smith, father of Joseph Smith, executes a will to leave his estate to his children. In his will, the phrase “to my son, Joseph” is used, preceding a bequest for the property. Before William dies, Joseph embraces his transgender identity, obtains a lawful name change to Julia, obtains a lawful gender marker change, and undergoes sex confirmation surgery. William dies, and his estate is divided. Is Julia still entitled to Joseph’s portion of William’s estate? In embracing her transgender identity, is she deprived of her right to inherit?

Keywords: transgender, beneficiaries, beneficiary, probate, wills, estate, estate planning

Suggested Citation

Rousseau, Ashleigh, Transgender Beneficiaries: In Becoming Who You Are, Do You Lose the Benefits Attached to Who You Were? (September 13, 2018). Hofstra Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=3334170

Ashleigh Rousseau (Contact Author)

Hofstra Law Review ( email )

Hempstead, NY
United States

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