By Jay Greene, Esq. CPA –
Protect Your Bay Area Legacy: Estate Planning for LGBTQ+ Immigrants
As a non-U.S. LGBTQ+ person with a Castro home or San Francisco tech equity, your property is your legacy. International rules can complicate passing it to loved ones. October is the time to plan, using trusts to keep assets safe and private. Here’s how to protect your wishes.
Bay Area Property Challenges for LGBTQ+ Non-Citizens
Owning property here means navigating U.S. rules tied to your property’s location, plus your identity and global ties.
Why It Matters
Probate typically takes 9–18 months for standard cases but can be 6–9 months for simple estates or over 2 years for complex ones, like disputes or international issues, and for estates over $208,850 (projected April 2025, based on inflation). Fees reduce your home’s value. A 2025 $750,000 primary residence break helps, but not rentals.
(Thresholds mentioned here are based on projected 2025 law.) Countries without LGBTQ+ protections may ignore your partner, causing disputes.
Action Steps
1. List assets (deeds, values).
2. Check U.S.-home country estate treaties.
3. Consult an LGBTQ+-friendly attorney.
Skipping Probate:
Trusts Tailored for You
A revocable living trust passes property directly to heirs, avoiding court.
Why It Matters
Trusts protect your chosen family’s privacy, unlike public probate. Joint ownership risks issues if your home country doesn’t recognize same-sex bonds. Extra court processes here and abroad delay your legacy.
Action Steps
1. Set up a trust and transfer your property deed.
2. Use joint ownership only with trusted partners.
3. Align beneficiaries with your trust.
Harmonizing Global and Bay Area Rules
Create a plan that works across borders while respecting your identity.
Why It Matters
Some countries reject U.S. trusts, requiring extra steps. Forced heirship laws may exclude your chosen family. Possible visa changes demand protections.
(Visa changes are based on projected 2025 trends.)
Action Steps
1. Hire lawyers in both countries for matching documents.
2. Choose California law for local assets.
3. Gift up to $19,000 per person in 2025 (projected U.S. exclusion), tax-free in the U.S. Check home-country tax rules.
Your Complete LGBTQ+-Friendly Plan
Use trusts, wills, and safeguards for worry-free protection.
Why It Matters
It prevents stress in the Bay Area’s costly market. 2025 rules help smaller estates, but larger ones need stronger tools. (Rules based on projected 2025 trends.) Gifting now secures your wishes.
Action Steps
1. Add a catch-all will for missed assets.
2. Name a trusted friend as backup trustee.
3. Review yearly.
Bay Area Lens
San Francisco’s homes average $1.3 million, attracting LGBTQ+ immigrants. Probate fees hit hard, but the 2025 threshold eases some costs. Trusts are ideal for rentals and investments common in our community. Protect your legacy.
Claim Your Peace of Mind
Picture your loved ones inheriting
without disputes or costs. Act this
October—visit our website
( https://www.greenelawfirm.com/ ) or call Greene Law Firm at 415-905-0215 for a free consultation. We’re here to build your plan.
Legal Disclaimer
This information is for educational purposes only and does not constitute legal advice. No representation is made that the quality of legal services to be performed is greater than that of other lawyers. Viewing this material does not create an attorney-client relationship. Laws change, so consult a qualified attorney for your situation.
Jay Greene, Esq., CPA, leads Greene Law Firm, P.C. in San Francisco, creating inclusive plans for LGBTQ+ individuals. Contact: 415-905-0215 or info@greenelawfirm.com
Trust Essentials
Published on October 23, 2025
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