NJ Legislature Recognizes Additional DP Rights

January 12, 2006

TRENTON—By a vote of 67-6, the New Jersey Assembly passed an update to the probate code that confirms that registered domestic partners are to be granted equal treatment in regard to inheritance, including the right to inherit if a partner dies without a will. The Assembly also added rights under guardianship laws, and the right to make funeral arrangements.

The changes to the probate code were introduced in response to the case of Betty Jordan, the domestic partner of Rene Price, who passed away without a will in July 2005. My firm is still representing Betty, whose status is currently unclear since her case arose prior to the passage of this bill. We are hopeful, however, that Betty has a significantly enhanced chance of winning her case and finally being able to keep her home.

There were also several other bills passed having to do with domestic partner rights in regard to pensions, health benefits, and mental health directives. I am still reviewing these new developments, and will be posting my comments on them shortly.

Governor Codey signed these bills into law and they are immediately effective.

For further information, see the following:

• S 2083 - Clarifying inheritance and funeral rights for domestic partners.
• S 1922 - Clarifying guardianship rights for domestic partners.

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