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LGBT Estate Planning

Estate planning is critical for everyone: single, married, straight and LGBT. However, for the LGBT community, estate planning provides protections to help guard against discrimination when people are reluctant to recognize your relationship, even if you are married.

In many states, if a member of the LGBT community fails to plan properly, the result can be devastating to his or her spouse or partner and family. Having no estate plan, or relying upon a Will, Joint Tenancy, or Tenancy in Common as an estate plan, is tantamount to giving up control of one’s estate and management of one’s well-being in times of incapacity. This need for an estate plan is critical in case of an accident or illness that renders a partner or spouse incapable of making decisions or managing his or her affairs. Without a proper estate plan, the other partner could be legally precluded from having any role in the decision-making of his or her partner’s care, managing his or her affairs, or even having access to the incapacitated partner.

Even if you are married, planning is critical in the event you encounter resistance to recognize your marital rights.

History of Same-Sex Marriage

In U.S. v. Windsor, the U.S. Supreme Court made federal benefits available to spouses in same-sex marriages and cleared the way for same-sex marriage. In U.S. v. Windsor, the Supreme Court struck down a section of the Defense of Marriage Act (DOMA), a federal law defining marriage as only between a man and a woman. That section of the law denied federal recognition to same-sex couples validly married under state law. The purpose of the Court’s ruling was to ensure that all married couples within a state are treated equally under federal law.

Then in 2015, in a narrow victory, the Supreme Court ruled 5-4 in Obergefell v. Hodges that there is a fundamental constitutional right to marry, which includes same-sex couples. It also ruled that a same-sex marriage valid in one state must be recognized in all states.

While there is still a ways to go with the prevention of discrimination in other areas, such as employment, the LGBT community achieved a remarkable milestone: Marriage Equality.

Marriage By Any Other Name . . .

Some states and local jurisdictions offer domestic partnerships, civil unions, or similar methods of legal recognition for same-sex couples. These forms of relationships are offered in addition to marriage. The rights and responsibilities of domestic partnerships or civil unions vary substantially from jurisdiction to jurisdiction. For example, in some states such relationships other than marriage do not affect property rights between the parties, but in other states they do. One thing is clear, these non-marriage alternatives will not result in recognition of the relationship by the federal government.

Before committing to a marriage, domestic partnership or civil union, be sure to speak with a qualified estate planning attorney, who is familiar with the unique legal and personal needs of the LGBT community. That attorney can counsel you on the implications in your unique situation.

The Problems Estate Planning Solves for the LGBT Community

An LGBT couple can avoid numerous problems through proper estate planning:

  1. For a married same-sex couple, proper estate planning will ensure they get all the state and federal benefits of their marriage, while avoiding probate, maintaining their privacy and protecting their assets.
  2. For an unmarried same-sex couple, proper estate planning will ensure their partner will have legal rights to make health care decisions, protect their rights to inherit assets from each other while avoiding probate, and utilize planning strategies to avoid the burdens of extra taxation when possible.
  3. A Living Trust can nominate the spouse or partner as the trustee, i.e. manager of their spouse or partner’s affairs, if he or she becomes incapacitated through illness or accident.
  4. The Health Care Power of Attorney can avoid potential problems if a spouse or partner becomes incapacitated. It allows a spouse or partner to appoint their spouse, partner or someone they care about to make health care decisions on their behalf if they are incapacitated. This prevents potential problems where a spouse or partner may not be given access to his or her incapacitated spouse or partner.
  5. A proper estate plan will ensure your assets are distributed to whom you want, when and how you want.
  6. The Living Trust guarantees privacy, through avoidance of probate and its process of opening court records. This is beneficial for any same-sex couple who wishes for their relationship, assets, and disposition to remain confidential.
  7. An estate plan allows you to nominate the person you want to care for and raise any surviving minor children.
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An oldie, but goodie. … See MoreSee Less

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Happy thanksgiving 🥰

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Coronado Law Office, PLLC

3 months ago

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Operation Medicine Cabinet, October 24, 2020 from 10:00 am to 2:00 pm in different locations throughout the region. Make sure to drop off your expired medications and sharps.Several locations in our area will be collecting expired and unused medications on October 24 from 10 a.m. to 2 p.m. Medication collected will be safely disposed of. Mark your calendars so you don’t forget to take advantage of this great service! … See MoreSee Less

Operation Medicine Cabinet, October 24, 2020 from 10:00 am to 2:00 pm in different locations throughout the region. Make sure to drop off your expired medications and sharps.
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I’m excited to be attending the American Academy of Estate Planning Attorneys 2020 Fall (virtual) Summit the next 4 days! … See MoreSee Less

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Coronado Law Office, PLLC

3 months ago

Coronado Law Office, PLLC

Another great article by Steve Harnett, Director of Education, American Academy of Estate Planning Attorneys, Inc. This one directly impacts my friends and family born in Puerto Rico. Please pay special attention!

www.aaepa.com/2020/09/puerto-ricans-are-unique-as-is-estate-planning-for-them/?utm_campaign=Acade… … See MoreSee Less

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Puerto Ricans are Unique, as Is Estate Planning for Them –

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Puerto Ricans living in the U.S., their taxable estate includes their worldwide assets, no matter where their assets are located.

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Coronado Law Office, PLLC

3 months ago

Coronado Law Office, PLLC

Great advice from Steve Hartnett, Director of Education, American Academy of Estate Planning Attorneys. I would also add the need to have a Legal and Financial Durable Power of Attorney. Everyone over the age of 18 should have these documents.

www.aaepa.com/2020/10/staying-current-is-especially-important-in-the-pandemic-2/?utm_campaign=Aca… … See MoreSee Less

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Staying Current is Especially Important in the Pandemic

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In today’s pandemic, it’s more important than ever to make sure your estate planning documents are current.

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6 months ago

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This is a great resource in our community for those who have family members, young and old, who tend to wonder. Although the post is from Stafford county, this resource is also available in other counties/cities. … See MoreSee Less

Stafford County Sheriff's Office Project Lifesaver

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7 months ago

Coronado Law Office, PLLC

I just spoke with Amazon about the email below and it was not sent by Amazon. I am posting this in case anyone else receives an email such as this! BEWARE! The email address that it came from is not an email Amazon domain. Call before clicking anything this season! … See MoreSee Less

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