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04.24.2014
SAGE Publications


LGBT Older Adults and Estate Tax and Inheritance Laws

Services & Advocacy for GLBT Elders (SAGE) & The Movement Advancement Project and SAGE & Center for American Progress

September 1, 2010


Unlike their heterosexual counterparts, unless an LGBT elder has specific legal documents in place upon their death, state laws generally hand over financial decision-making and inheritance to spouses or blood relatives rather than domestic partners or families of choice. This means that surviving LGBT partners or other loved ones can be totally shut out of an inheritance, resulting in the loss of critical retirement savings, forfeiture of a family home, or impoverishment. Additionally, even when a surviving partner does inherit a deceased loved one's assets, inequitable tax treatment of same-sex couples can mean paying 45 percent in taxes on an inheritance that a surviving heterosexual spouse would inherit tax free. 

Categories: Economic Security, Legal & Financial


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