BASIC ESTATE PLANNING

Estate planning for unmarried LGBTQ+ couples and individuals can be a complex procedure, and they need estate planning documents to establish to avoid the state intestate succession statutes. Intestacy happens when you die without a will or a will that does not cover all of your assets.  

The U.S. Supreme Court's decision in Obergefell v. Hodges has changed things for married lesbian and gay couples. Marriage equality means same-sex couples have a fundamental right to marry. Those marriages are recognized by every state and territory. Opposition to marriage equality continues to exist but it is not as virulent as before.

All federal benefits are available to married same-sex couples, including 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? And, you have the opportunity to determine your end-of-life plans as well. Too many people wait and sometimes it is too late to do anything.

A complete estate plan looks at everything. You and your lawyer need to work together to accomplish your goals. You decide what are your goals. What do you want?

The situation surrounding LGBTQ+ rights around the country remains fluid, including those involving our families. Obergefell did not resolve everything. 

There are some questions to raise with your lawyer:
  • 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 LGBTQ+ legal issues. The National LGBT Bar Association has lawyers in almost every state - lgbtbar.org 

A comprehensive estate plan is an investment in your present...your future...your peace of mind.
A BASIC ESTATE PLAN DOCUMENTS :
  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
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 LGBTQ+ 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."