Transgender Beneficiaries: In Becoming Who You Are, Do You Lose the Benefits Attached to Who You Were

Authors

Ashleigh C. Rousseau, Maurice A. Deane School of Law at Hofstra University

Abstract

Suppose William Smith, father of Joseph Smith, executes a will to leave his estate to his children. In his will, the phrase "to my son, Joseph" is used, preceding a bequest for property. Before William dies, Julia embraces her transgender identity, obtains a lawful name change to Julia, obtains a lawful gender marker change, and undergoes sex confirmation surgery. William dies, and his estate is divided. Is Julia still entitled to Joseph's portion of William's estate? In embracing her transgender identity, is she deprived of her right to inherit?

Recommended Citation

Rousseau, Ashleigh C. (2018) "Transgender Beneficiaries: In Becoming Who You Are, Do You Lose the Benefits Attached to Who You Were," Hofstra Law Review: Vol. 47: Iss. 2, Article 12.
Available at: https://scholarlycommons.law.hofstra.edu/hlr/vol47/iss2/12