1. Domestic partners have
community
property rights. In the event of a dissolution, the assets acquired
during the relationship will be divided according to the California Family
Code and case law.
2. On death, a domestic partner may transfer only
his or her half of the community property through an estate plan. If
there is no estate plan, a surviving domestic partner has the same rights
as a spouse and will inherit the couple's community property and part of
the separate property due to
intestate succession.
3. If a domestic partner is not included in the
estate plan of a deceased partner, the surviving domestic partner will
acquire rights as an "omitted domestic partner." The omitted partner will
have a right to an
intestate share of the other partner's estate, regardless of the
provisions of the deceased partner's estate plan.
4. In the event that a probate is held for the
deceased partner, the surviving partner will have rights to a family
allowance and probate homestead, similar to the rights of a surviving
spouse.
5. If the will of a deceased partner gives his or
her partner all or part of the estate, those assets will be transferred to
the surviving partner without the need for a formal probate. A procedure
similar to the
spousal property petition will be used instead.
6. A Registered
Domestic Partner has the same rights to participate in a conservatorship
proceeding as a married person. Registered Domestic Partners are also
entitled to notice of conservatorship proceedings, and are allowed to take
part in proceedings to establish a conservatorship.
7. The California
statutory will has been revised to include Registered Domestic Partners as
beneficiaries and executors.
8. Registered Domestic
Partners have been given the same rights to make health care decisions for
a partner as a spouse would make for another spouse.
9. Registered Domestic
Partners have rights to medical coverage, sick leave, and disability
benefits under public employee and private plans.
10. Registered
Domestic Partners can sue for negligent infliction of emotional distress
and for wrongful death of a domestic partner for conduct occurring after
January 1, 2001.
11. Registered
Domestic Partners have the same rights as a step-parent to participate in
adoptions of a child of a partner.
1. Unless the will provides otherwise, a bequest to
the former partner is revoked.
2. Unless the will provides otherwise, a nomination
of the former partner as an executor, trustee, conservator, or guardian is
revoked.
3. When the partnership is revoked, provisions of
the will are interpreted as though the former domestic partner had died
before the testator of the will.
