Inheritance, adoption among common struggles
A few years ago, Ann Willbrand’s partner was diagnosed with cancer.
Willibrand, the secretary of the board of South Carolina Equality, had written out questions to ask the doctor and placed them on a clipboard.
”We were at a very family-friendly hospital, so everything went very smoothly, and we were both very pleased about that,” Willbrand said. “A few weeks later, we were at the hospital, and the [doctor] recognized us, but not because we were a lesbian couple. He said, ‘You’re the lady with the clipboard!’”
Willbrand’s anecdote shared a positive resolution between state law and a same-sex couple with an audience at the School of Law Auditorium Tuesday.
But not all stories end that way.
Sarah Cassidy, a 2012 USC Law School graduate, took the stage next to inform about will and estate planning.
“If you do not plan and make decisions for yourself, the state will make them for you,” read one of Cassidy’s slides, referring to estate planning documents.
Cassidy explained that in South Carolina, if you die without a will, there are many routes that your estate could take. Because same-sex marriages are not legally recognized in South Carolina, oftentimes, those partnerships are overlooked when it comes to the estate’s distribution.
Cassidy then gave an example to put the importance of estate planning into perspective: If two same-sex partners were living in South Carolina and one was hit by a bus and killed, her partner wouldn’t be entitled to anything in the estate even though they were in a committed relationship, because their relationship is not recognized by the state.
The estate would then go to her parents — half to each one.
Cassidy summed the necessity of estate planning in three words: think, identify and encourage.
One must think about the importance of estate planning, identify necessary documents and encourage everything to go according to his or her wishes, she said.
The legal challenges facing same-sex couples aren’t limited to their estates, either.
Allison Bullard, a 2011 graduate of the School of Law, offered information on adoption, assisted reproductive technology, living together and partnership agreements.
Bullard posed a question: Can same-sex couples adopt in South Carolina?
The answer: Yes, technically.
But in reality, she said, it depends on the judge, the lawyers and the information presented.
“I’ve found that judges in South Carolina want to do it, and they’re looking for a reason to do it,” Bullard said.
Above all, Bullard emphasized the importance of finding lawyers who are experienced in these fields so that they don’t make mistakes that could have an effect on the family later on.
South Carolina Equality Executive Director Ryan Wilson closed out the night, which began with a rally at the Statehouse, with a positive outlook for the future of same-sex marriages.
“I’m hopeful, I’m optimistic and hopefully, the time will come sooner rather than later,” he said.