What rights do 2 people in a domestic partnership have?

[Cat0727]

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[bumbershoot]

"A Domestic Partnership is a legal relationship permitted under the laws of the State and City of New York for couples that have a close and committed personal relationship."

These rights include, but are not limited to:

* Bereavement leave and child care leave for City employees;
* Visitation in a City correctional and juvenile detention facility;
* Visitation in facilities operated by the New York City Health and Hospitals Corporation;
* Eligibility to qualify as a family member to be added by the New York City Housing Authority to an existing tenancy as a permanent resident;
* Eligibility to qualify as a family member entitled to succeed to the tenancy or occupancy rights of a tenant or cooperator in buildings under the jurisdiction of the Department of Housing Preservation and Development;
* Health benefits provided by the City of New York and employees and retirees and eligible members of their family pursuant to stipulation or collective bargaining; and
* Such other rights as may be established pursuant to applicable law.

There's a whole lot more info on what it does, and does not, do here.

So your mom is worried that she might die, you would get her money, you might die, and then your boyfriend and his *parents* would get your mom's money? Or she refers to your boyfriend as her "out-law"? Seems if something happened to both her and you...it would be up to your will, since I don't see mention of inheritance specifically on that webpage.

 

[bumbershoot]

That page is really in depth!

Noticed you mentioned health insurance...it only specifies health insurance provided by the City of New York... I know that for DH's company (we're in WA), domestic partnership is something defined by the company...we had to have x, y, and z for me to be considered a domestic partner before we were married, which allowed me to be on his insurance...I didn't have to be recognized by any other entity for it.

And regards to inheritance (apparently your mom's concern), they DO make mention of it:

Because they cannot be considered spouses, domestic partners do not benefit from state income tax advantages, the spousal privilege and confidential marital communications, the ability to take out insurance policies on the other spouse, and other benefits of marriage. A surviving domestic partner does not have any inheritance or life insurance rights absent an explicit bequest in a will.

 

[Cat0727]

Thank you so much, bumbershoot.

Yea, my mom has a thing with the term "out-laws" lately, and she refers to my BF as one but doesn't consider HER BF one, so go figure.

Anyway, I should have consulted that page before posting my question on here but now I am relieved and emailed the info to my mom! Thanks again!

 

[bumbershoot]

Glad to help.

That's just weird that your mom is being weird about your boyfriend, when she has one! And honestly, and also bluntly, her boyfriend is the one more likely to end up with things that you should have.

Little story. My mom died, and I knew from a few years before (when they made up their wills and showed all the adult kids where things were, and explained it to us all) that each of them was leaving their money to the other. Then when the other one died, the money would be pooled and split 4 ways between me, my brother, and stepbrother/stepsister. That sounds fair, right?

However...stepdad got married less than 3 years after my mom died. And SHE has 2 grown kids. So....what's up with my mom's money? Is it all going to be pooled again with new wife's money, then split 6 ways? It's a mess. And stepdad is silent on the issue.

So really, she should be more concerned with getting her things in order rather than worrying about your boyfriend, especially if you are committed enough that you are going the road towards being official in this way...

 

[LadyZolt]

Yea, my mom has a thing with the term "out-laws" lately, and she refers to my BF as one but doesn't consider HER BF one, so go figure.

Actually, the thing to remember about "outlaws" is that they are *wanted*. I've heard others use this term with legal "in-laws" that they truly love because using "outlaw" is a term used when someone is wanted. I think you should tell your mom how nice it is that she thinks of your BF as someone she wants in her life.

-Dorothy (LadyZolt)

 

[buckler]

Glad to help.

That's just weird that your mom is being weird about your boyfriend, when she has one! And honestly, and also bluntly, her boyfriend is the one more likely to end up with things that you should have.

Little story. My mom died, and I knew from a few years before (when they made up their wills and showed all the adult kids where things were, and explained it to us all) that each of them was leaving their money to the other. Then when the other one died, the money would be pooled and split 4 ways between me, my brother, and stepbrother/stepsister. That sounds fair, right?

However...stepdad got married less than 3 years after my mom died. And SHE has 2 grown kids. So....what's up with my mom's money? Is it all going to be pooled again with new wife's money, then split 6 ways? It's a mess. And stepdad is silent on the issue.

So really, she should be more concerned with getting her things in order rather than worrying about your boyfriend, especially if you are committed enough that you are going the road towards being official in this way...

Or this scenario...stepdad dies first, leaving all his money to new wife. New wife dies and leaves everything to her 2 kids.

 

[golfgal]

Your mom has a point. If she dies and leaves you all her money and then you die without a will/trust there is a good chance your BF will get everything, especially if you are in a community property state and have been living together long enough. Your mom should get a will drafted and set up a trust as the beneficiary of her insurance, retirement accounts, etc. then she still has control over where the money goes after she dies.

 

[The Mystery Machine]

I can't say I blame her. It is a little off putting to hear your child entered into a domestic partnership instead of getting married. That is a new one on me.

However if she does not have a will/trusts you will get the money anyway. Granted a lot of it will go to probate and lawyers but in the end without a will/trusts money goes to the children.

 

[golfgal]

I can't say I blame her. It is a little off putting to hear your child entered into a domestic partnership instead of getting married. That is a new one on me.

However if she does not have a will/trusts you will get the money anyway. Granted a lot of it will go to probate and lawyers but in the end without a will/trusts money goes to the children.

Not always. Some states the DD won't get anything and the mom's BF will get everything and the DD nothing without being listed as the beneficiary.

 

[Quiksilvr]

With respect to health insurance and other things of that nature, state law is what will govern. If your state recognizes (and requires others to recognize) domestic partnerships, then your domestic partner may be entitled to certain rights. As an example, see what a PP posted re New York state and NYC laws.

Many states provide for recognition of domestic partnerships, but fewer states require your employer to recognize your domestic partnership. Also note that under federal law, a domestic partnership gives you very little protection. As a random example, if you have funds in a 401(k) plan, they will not automatically be left to your domestic partner in the event of your death, because under federal law, only a "spouse" (within the definition of DOMA) is eligible for automatic survivor rights. Obviously, you could still designate your domestic partner as your beneficiary, but your domestic partner would have fewer options than if you were married.

My advice to you is to research the law of domestic partnerships in the state in which you reside. Know exactly what you are getting into before you enter into the agreement. It sounds like you have applied to enter a domestic partnership without doing that, which is legally inadvisable.

 

[Cat0727]

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[MrsPete]

I can't say I blame her. It is a little off putting to hear your child entered into a domestic partnership instead of getting married. That is a new one on me.

I agree. If you're looking for a commitment to this person that is both emotional and legal, why not marriage? What does a domestic partnership offer that marriage does not?