BASIC ESTATE PLANNING

Estate planning for LGBT couples and individuals can be a complex procedure. Most LGBT folks need more documents than the average heterosexual coupleSince most states do not recognize our relationships, we have more hoops to jump through to establish our intentions.

The U.S. Supreme Court's decision in Obergefell v. Hodges has changed things for married lesbian and gay couples. Married equality means same-sex couples have a fundamental right to marry. Those marriages must be recognized by every state in the Union. Even the ones that hate the idea. 

All federal benefits are available to married same-sex couples. This includes Social Security surviving spouse benefits and VA benefits. 

Estate planning is more than figuring out what happens to your stuff after you die. You also need to think about what you want during your lifetime. How do you protect your partner, your kids and your property? What do you need to do?

A complete estate plan looks at everything. You and your lawyer need to work together to accomplish your goals.

You must decide what are your goals. What do you want?

While you may have a general idea of what you want, you may not know how to accomplish it.

The situation surrounding LGBT rights around the country remains fluid. Family law issues continue to be problematic. Your rights concerning children may depend on the state in which you live. And, the rights you have in your home state may not exist in the neighboring state. So what happens when you travel?

The questions are many. Here are some of them:
  • What happens if you or your partner or spouse needs medical care?
  • What happens to your kids if one of you gets sick away from home and only one of you is recognized as a "legal" parent?
  • Is it possible that your birth family will dispute your will? Consider whether your birth family will try to prevent your partner (if you are unmarried) from inheriting your property?
  • Ask about issues involving former partners with whom you had a civil union, domestic partnership or marriage. How do you clean up those legal issues? What impact do those formal relationships have on your current relationship. Those marriages, Registered Domestic Partnerships and Civil Unions are binding and must be formally dissolved.

Preparing your estate plan, in collaboration with a good lawyer, is the best way to protect yourself, your family and your property.

Can you do it on your own? Sure. But, what happens if you don't do it right? That won't be known until its too late to make any changes. And, where does that leave your partner...your kids...your family?

Talk to a lawyer who has experience with LGBT legal issues. Many lawyers are jumping on the bandwagon and have no background in LGBT law. Ask around. It's an investment in your present...your future...your peace of mind.
A SAMPLING OF BASIC ESTATE PLAN
DOCUMENTS & CONSIDERATIONS:
  1. Will
  2. General Durable Power of Attorney
  3. Advance Directives (also called Living Will, Health Care Power of Attorney)
  4. HIPAA Authorization (Allowing you determine who your doctors can talk to about your medical care, your diagnosis and treatment and who can review your medical records)
  5. Designation of Agent (authorizes your partner/spouse as the person who makes funeral arrangements, hospital visitation, collects personal effects, etc.)
  6. Domestic Partnership Agreement or Pre-Nuptial Agreement
  7. Shared Custody Custody Agreement
  8. Long-term Care Insurance
  9. Disability Insurance
WHAT TO DO WHEN MEETING
WITH YOUR LAWYER.

  1. Ask questions--no question is too dumb to ask. This is about you--not the lawyer. 
  2. Understand the fee arrangement in advance. Legal advice can be expensive. If you don't think you can afford the fee, discuss it with the lawyer. You may be able to work out a payment plan or other arrangements. If you don't ask, you won't know.
  3. Go with your gut. If you are not comfortable with the lawyer, find another one. This is too important to be polite.
  4. Don't be put off if the answers you get aren't the ones you want. A good lawyer will tell you the facts, not what you want to hear.
  5. Make sure you understand what the documents mean. Lawyers talk funny and the language we use may be confusing. Don't pretend to understand when you don't. And, don't let your lawyer dismiss your questions or concerns.
  6. Lawyers who are experienced working with the LGBT community and the unique legal issues facing our community are going to provide better advice than a lawyer without that background. 

I tell my clients, "If you don't understand what I'm talking about, then I'm not doing my job."