Article on Marriage Being the Best Default in Estate Planning Conflicts

Lynne Marie Kohm (Regent University School of Law) recentlypublished an article entitled, WhyMarriage is Still the Best Default in Estate Planning Conflicts, Penn StateLaw Review, Volume 117, Number 1219 (2013). Provided below is the abstract from SSRN:

By analyzing aTennessee bigamy case, a New York same-sex marriage case, and the growingcultural trend toward cohabitation over marriage, this article discusses howand why marriage is the best estate plan to protect vulnerable parties as theyage. The article examines how marriage assists vulnerable parties in avoidingpotential conflicts in estate planning and distribution, particularly whenthose parties have entered into alternative relationships. By focusing on thecases of Witherspoon, in which John Witherspoon entered into a bigamous secondmarriage, and Windsor, in which Edie Windsor is suing the U.S. government overthe lack of federal tax recognition afforded her Canadian same-sex marriage,this article reveals how marriage expansion does not necessarily incentivizemarriage, nor does it provide the benefits and protections often sought bythose who enter into those marriage-like relationships. By contrasting theprotection marriage affords to a vulnerable party in estate distribution andthe dilemmas presented by marriage expansion (as illustrated in Witherspoon andWindsor) with the cultural disquiet over the importance of the nature andmeaning of marriage, this article illuminates estate distribution conflicts inthe context of the paradox of contemporary American socio-legal marriage culture.Despite the pop culture confusion over marriage, this article demonstrates whyit is still the best default for estate planning conflicts.