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Same sex couples will also want to avoid most states’ default laws on matters such as burial desires and priority among persons to act as guardians, conservators, personal representatives, and patient advocates. Moreover, when unmarried couples designate partners as beneficiaries in Wills or Revocable Living Trusts, it is possible that disapproving family members may contest the Will or Trust. By including an “In Terrorem” clause in the Will or Trust Agreement, any person contesting the Will or Trust would receive nothing.

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