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Marriage: It’s more (and less) than you think

A wedding can have unexpected impact on wills

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will, gay news, Washington Blade
will, gay news, Washington Blade

In most states, if you die without a Will and you are married and that marriage is recognized, your spouse will inherit a share of your estate.

By LAWRENCE S. JACOBS

In the eight months since the fall of the Defense of Marriage Act, I have witnessed a huge rush to marriage among friends, clients and our community at large. Many of those people dramatically underestimate the changes that marriage might bring to their lives, while at the same time being lulled into a false sense of security that marriage will solve every potential legal issue that comes along. Of course, it won’t.

Hundreds and hundreds of benefits accrue to married couples. Yet, many of those benefits are misunderstood and do not come automatically. For example, the right to own real estate as a married couple does not and cannot happen unless the deed to that property includes that right. Many of my clients own their homes as joint with right of survivorship. But married couples can hold real estate as tenants by the entirety, which is much better. Far too many of my clients live in a home that is only owned by one of them. If something happens to that homeowner, the other one may be literally out on the street. Not surprisingly, we re-deed many of our clients’ homes, which is neither difficult nor expensive. Where the transfer of title may be impractical or undesirable, we create Revocable Trusts for the purpose of owning real estate.

Wills are another area where marriage has unexpected impacts. In most states, if you die without a Will and you are married and that marriage is recognized, your spouse will inherit a share of your estate. The amount of that share varies and can be as low as one-third. A properly drafted and signed Will can override those rules. For couples with children, the default rules can be even more problematic because minors cannot inherit money directly, either under a Will or because they were named as the beneficiary of a life insurance or retirement account. Worse yet, no matter how much money you leave, they will likely get it all in a single payment on their 18th birthday. Wills can and frequently do establish distribution schemes that make much more sense.

Marriage only solves problems for couples when both of them are healthy and alive.  If either of those should become untrue, then the marriage may count for little or nothing. If your spouse becomes incapacitated, you may have medical decision-making rights, but not the right to manage their separate assets.  That is usually accomplished by general durable power of attorney. Otherwise a guardianship petition will be required, which are typically expensive and time-consuming.  If your spouse dies before you, and you die later without a will, your assets will all be distributed to certain family members with parents typically first in line, regardless of whether that makes sense.

Marriage equality also brings with it the trials and tribulations that our straight counterparts have endured for generations. If you break up in the future, the only way to end that legal relationship is through a divorce. While you are still married, you cannot change your Will to completely disinherit your spouse. If you get divorced, the court will determine how to divide your assets. The court may also order you to pay alimony to your former spouse.  However, all of these potentially adverse outcomes can be changed in a properly drafted prenuptial (and sometimes post-nuptial) agreement. A word of caution: do not call a lawyer the week before your marriage for a pre-nup. I typically advise my clients to allow six to eight weeks.

None of this is intended to discourage anyone from getting married. I am a firm believer in that institution and took the plunge myself in 2009. Rather, I view my job as educating people on the issues, so that they can then make good decisions.

Larry Jacobs has helped hundreds of same-sex couples in the Washington area protect their assets and loved ones through partnership planning. He is a partner at McMillan Metro, P.C. and has practiced law for 39 years. He is admitted to the bar in Maryland, Virginia and D.C. You can learn more about Larry and his practice at PartnerPlanning.com.

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Advice

I don’t see the point in a relationship 

Life is short and I want to do whatever I want

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Going through life with a partner isn’t for everyone. (Photo by yanik88/Bigstock)

Michael,

I’m 34, and after being on the dating scene for about 12 years, I’m coming to the conclusion that I don’t want to be in a relationship. 

I don’t love hanging out with the same person over and over again. I don’t feel all gooey when I’ve been with someone for a while. I run out of things to say, and also, it just gets boring.

I like my space. I don’t like having to share the bathroom or have someone next to me all night, especially when they want to go to sleep holding me. I know that sounds like heaven to a lot of people but it just feels intrusive to me. 

It’s a pain to have to compromise what I want to do. When I want to go someplace on vacation, or try a restaurant, or get up early to go to the gym, or sleep in, I don’t want to have to run that by someone else and get their OK. Life’s short. I want to do what I want to do.

I feel like we are constantly bombarded with the message to date and find a mate, but I don’t really see the point.  I don’t think I’m an introvert—I have a lot of friends—but I also like to spend time by myself and not be accountable to anyone.

When I think about marriage, it seems like a very old-fashioned concept, developed for straight people who want to have children. Historically you needed one person to work and another one to stay home and raise the kids. And you needed to stay together to give your kids two parents and a stable home. I get that.

But if I’m not having kids, what’s the point? I don’t need a husband to have sex. I can and do hook up all the time. It’s so easy to find someone online. And I get to have a lot more variety when I’m single than when I’m dating. Even though my relationships are always open, when I am dating someone, I always hook up a lot less, because I have to worry about the boyfriend’s feelings being hurt if I hook up “too much.”

I know I sound unromantic and maybe selfish but this is how I see it.  

My friends are all about having a boyfriend. They think I’m being ridiculous. Can I get another opinion?

Michael replies:

You make great points. Relationships do require us to give up some of our independence. They can feel stifling at times. And when the excitement of a new partner fades, things will at times feel “boring” in all sorts of ways, including sex. You can choose to avoid all of this by remaining single.

But relationships also give us tremendous overlapping opportunities to grow, including:

Being pushed to develop a clear sense of self: When we must constantly decide what we are willing to do or not do as part of a couple; and when our partner inevitably and frequently has interests, values, and priorities that conflict with ours, then we are challenged, over and over, to decide what is most important to us and how we want to live our lives.

Frequent opportunities to build resilience: All those old issues from our past that get us upset or riled up? We have to work through them so that we can stay (pretty) calm rather than losing our minds when our buttons are pressed.  

Improving our ability to have hard conversations – and without rancor: Unless we’re able to disagree, speak up, or confront when it’s important to do so, we are going to twist ourselves into a pretzel striving to accommodate the other person. And being able to engage in tough talks in a loving way is necessary if we want to have a loving relationship.

Becoming a more generous person: You wrote that you like to have things your way. But part of life, whether or not we are partnered, involves being thoughtful, considerate, and willing to put someone else first at times. Great relationships require us to do all of these things regularly—and many of us find that contributing to the happiness of someone we care about can increase our own happiness.

Besides these ongoing challenges, relationships give us the experience of someone knowing us deeply, and knowing someone deeply.  There can be great comfort in going through life with someone with whom we have this intimate connection, along with ongoing shared experiences of trust, support, comfort, and love. Long-term companionship is also an adventure: Can we keep the relationship vibrant and fun as we both keep changing over time? 

If you choose to remain single: Many people play their friendships on the easy setting, keeping things pleasant, on-the-surface, and non-confrontational; and cutting people off when things aren’t going well. Hanging in there to deal with the rough stuff can lead to deeper, longer friendships, and plenty of personal growth.

I do have a question for you: I am curious what sort of relationships you saw growing up, and what your own relationship experiences have been.  

Intimate relationships aren’t for everyone, and you get to decide what is right for you. But if your negative view of relationships is influenced by having witnessed or experienced intrusive or just plain awful relationships, maybe you want to do some work (therapy, for example) to heal from this stuff, rather than letting your past limit your future. A healthy relationship means being part of a couple while also remaining a vibrant individual, not being stifled, bored, and losing your independence.  

(Michael Radkowsky, Psy.D. is a licensed psychologist who works with couples and individuals in D.C., Maryland, Virginia, and New York. He can be found online at michaelradkowsky.com. All identifying information has been changed for reasons of confidentiality. Have a question? Send it to [email protected].)

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Autos

Wagons ho! High-class, head-turning haulers

Automakers still offer a few good traditional station wagons

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2026 Volvo V60 Cross Country

As a teenager, one of the first cars I drove — and fell in love with — was our family’s hulking full-size wagon. It stretched over 19 feet in length and weighed a whopping 5,300 pounds. That’s three feet longer and 1,000 heavier than, say, a Ford Explorer today. 

But this Leviathan felt safe and practical, especially when tootling around town with my crew or traveling solo cross-country. Of course, this hauler was also an eco-disaster. 

Luckily, that’s not the case today. And even though the number of traditional station wagons keeps shrinking, automakers are still offering a few gems.    

VOLVO V60 CROSS COUNTRY

$54,000

MPG: 23 city/31 highway

0 to 60 mph: 6.6 seconds

Cargo space: 51 cu. ft. (rear seats folded)

PROS: Elegant design. Composed handling. Top safety features.

CONS: So-so power. Modest rear legroom. Only two trim levels.    

The 2026 Volvo V60 Cross Country doesn’t cry for attention — and that’s the point. This is the automotive equivalent of Kristen Stewart, a celebrity who’s confident in her own skin and sees no need to post about it. 

Under the hood, there’s a four-cylinder turbo engine paired with a mild-hybrid system, producing 247 horsepower. You won’t outrun other drivers, but there is a sense of calm authority when accelerating. The standard all-wheel drive and 8.1 inches of ground clearance mean this wagon is ready for dirt roads, bad weather or a spontaneous weekend jaunt. 

And inside? Scandinavian minimalism at its finest. Clean lines. Gorgeous materials. Google-based infotainment that mostly works — though occasionally the system could be a bit faster, at least for my taste. The ride is smooth, composed and quiet, even if acceleration feels more “measured sip” than “espresso shot.” 

But here’s the twist: After more than a decade, this is the final Volvo wagon in the U.S. Its farewell tour ends in 2026. That alone gives it collector-car status.

MERCEDES-AMG E53 WAGON

$95,000

MPG: 21 city/25 highway

0 to 60 mph: 3.4 seconds

Cargo space: 64.6 cu. ft. (rear seats folded)

PROS: Supercar vibe. Hybrid versatility. Stunning interior.

CONS: Some fussy controls. Can feel heavy when cornering.    

If the Volvo V60 Cross Country is subtle, the 2026 Mercedes-AMG E53 Wagon is a screamer. It’s like being at a Lil Nas X concert: flashy, high energy, and full of shock and awe.  

This performance wagon — a plug-in hybrid, no less — pushes well over 500 horsepower (and in some configurations over 600 horsepower), launching from 0 to 60 mph as fast as a $300,000 Aston Martin supercar.

Yes, deep down, this is still a wagon. But you also can do a Costco run in something that could embarrass sports cars at a stoplight. That duality is delicious.

Inside, Mercedes leans all the way in. The high-tech Superscreen setup stretches across the dash. Ambient lighting glows like a curated art installation. The 4D surround-sound audio literally pulses through the seats. It’s immersive. Borderline excessive. And entirely the point.

Rear-axle steering helps mask the size of this car, but there’s no hiding the weight — it’s a big, powerful machine. Still, this hauler handles far better than physics suggests it should.

PORSCHE TAYCAN CROSS TURISMO

$121,000

Range: 265 miles

0 to 60 mph: 2.8 seconds

Cargo space: 41 cu. ft. (rear seats folded)

PROS: Lightning fast. Space-age design. EV smoothness.

CONS: Very pricey. Options add up quickly. Limited rear visibility.    

The Porsche Taycan Cross Turismo completely rewrites the wagon formula. Fully electric. Shockingly fast. Designed like it belongs in the Louvre.

Performance is instant. Depending on trim level, you’re looking at 0-to-60 mph in less than 3 seconds. No exuberant engine noise — just that smooth, purring EV surge.

Handling? Pure Porsche. Low center of gravity thanks to the battery-pack placement. Precision that makes winding roads feel like choreography. And then — hello — there’s also a Gravel Mode for light off-road use.

Inside, the style is restrained but high-tech. Digital displays dominate, including a 10.3-inch passenger side touchscreen. Yet the layout feels intentional rather than overwhelming. Build quality is exceptional. Options, including leather-free materials and an active-leveling system for hard cornering, are endless — and expensive.

Range varies by model. But as with any EV, your lifestyle (and charging access) matters. 

Overall, this is a wagon that looks and behaves like one helluva class act.

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Advice

My family voted for Trump and I cut off contact

Now my father is ill and I don’t know what to do

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How should you react when family members support Trump? (Washington Blade file photo by Michael Key)

Dear Michael,

I stopped talking to my family last year because they all voted for Trump. It’s not like they didn’t know whom they were voting for — they’d already had four years of seeing him in action.

I decided that I couldn’t remain in contact with people whom I felt wanted to take away my rights as a gay man. That is what they essentially did by voting for Trump.

They had come to my wedding in 2012, they had welcomed my husband and me into their homes for the holidays for our entire relationship, so I couldn’t believe how little they actually cared about me and my community. I was profoundly hurt.

They’ve reached out but I have been too angry at their hypocrisy to engage in more than a perfunctory way. I miss them, sure, but as I’ve watched our community be attacked, I just get so angry that I don’t want to talk. I certainly don’t want to hear them justify bigotry and hatred.

Now one of my siblings has reached out to let me know that my father’s health is rapidly declining. I’m wondering if I should rethink my decision and reach out to him, maybe even visit, before he dies.

But then I think of ICE’s attack on our country and the removal of the Pride flag from Stonewall and I don’t want to talk to people who support what is happening to vulnerable, marginalized people and the LGBTQ community.

My father was a good father to me. Even when I first came out to him, he was loving and supportive. I can’t square his behavior personally toward me with his support of this regime. The hypocrisy makes me so angry. How could he purport to love me and then vote against my freedoms?

I would love some suggestions about how to square my two opposing viewpoints.

Michael replies:

Many years ago, a great mentor taught me that the one thing you can count on in a relationship is learning to tolerate disappointment: Both being a disappointment, and being disappointed in the other person. This is true for love relationships and it’s also true for other significant relationships. All of us are different in some major ways and so we are bound at times to disappoint our loved ones in major ways, and to be disappointed by them in major ways.

That is why I’m not a fan of purity tests. To expect that someone must think like you (much less vote like you) in order for you to have a relationship with them is unrealistic, impractical, and sometimes damaging.

Of course, a person may hold some beliefs that give you reason not to want to have any connection to them. But is that the case here?

From your description, your family has always been loving and supportive of you as a gay man. That is no small thing. They seem to care about you enough to have continued to reach out, even though you have stopped talking to them. 

Perhaps they had some other reasons for voting as they did, other than to roll back LGBTQ rights and to attack immigrants.

Instead of wondering how they could be so hypocritical, how about talking with them and striving to understand their choices? I don’t know what they will say, and you may hear different answers from your various family members. But at least you will get some clarity, rather than presuming that they made their voting choices from a place of malice. Then you will be in a better position to decide if you want a relationship going forward.

Another point to consider: Very few things are set in stone. Even if your family made their voting choices based on holding positions that you neither like nor respect, they may be open to shifting their views over time. One way to perhaps influence their thinking is by engaging with them, sharing your thoughts, and asking them to consider the possible consequences of their actions. If you choose to re-engage with them, two points to consider: 

First, don’t expect that you will change their minds. You can advocate for what you want, but you have to let go of the results.

Second, they are more likely to consider your points if you do not approach them from a judgmental, self-righteous stance. 

Many years ago, when I was newly a vegetarian, I was eager to challenge and “educate” friends who weren’t following my dietary ideas. Guess what? It didn’t work. Then I got some great advice: A great way to influence others to consider eating fewer animals was to serve them delicious vegetarian food.

The same point is true here. We can’t beat people over the head to agree with us. But if we approach them with some kindness, rather than with the certainty that we hold the moral high ground, we may help them see a bigger picture.

And sometimes, we too may see a bigger picture.

Michael Radkowsky, Psy.D. is a licensed psychologist who works with couples and individuals in D.C., Maryland, Virginia, and New York. He can be found online at michaelradkowsky.com. All identifying information has been changed for reasons of confidentiality. Have a question? Send it to [email protected].

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