By Jay Greene, Esq., CPA–
June marks the celebration of Pride Month, a time when the global community commemorates the progress and accomplishments of the LGBTQ+ community. It’s a month of happiness, introspection, and empowerment for many individuals who identify themselves as part of our community.
Unique Challenges in Estate Planning for LGBTQ+ Individuals
For lawyers who specialize in estate planning, Pride Month represents an opportunity to ponder the exceptional challenges faced by LGBTQ+ individuals when it comes to estate planning. These challenges can be particularly evident for those who identify as gender non-conforming and non-binary, as they often encounter additional obstacles in navigating a legal system that has traditionally been designed with binary gender norms in mind.
Fortunately, there are measures that LGBTQ+ individuals can take to ensure that their estate planning documents reflect their gender identity and safeguard their loved ones.
Here are some suggestions for creating gender-neutral estate planning documents that mirror you and your loved one’s unique identities:
Choose gender-neutral language when possible.
When drafting your estate planning documents, select gender-neutral terminology wherever feasible. For example, use “they/them” pronouns instead of “he/she” and “spouse/partner” instead of “husband/wife.” This will guarantee that your documents are inclusive of all individuals, regardless of their gender identity today or in the future.
Consider a gender-neutral title.
If you’re concerned about the gendered language utilized in traditional estate planning titles, consider using a gender-neutral title like “Personal Representative.” This will ensure that your estate planning documents are consistent with you and your loved one’s gender identity and principles.
Work with an LGBTQ+-friendly attorney.
When choosing an estate planning attorney, make sure to select someone who is well-versed in the unique challenges faced by LGBTQ+ individuals. Look for an attorney who has experience working with gender non-conforming and non-binary clients and who is dedicated to creating inclusive documents that reflect their clients’ and loved one’s identities.
Include a statement of intent.
If you’re worried about how your gender identity might be perceived or misinterpreted by family members or others after your death, consider including a statement of intent in your estate planning documents. This statement can clarify your wishes regarding gender-neutral language and other issues related to your gender identity.
Regularly update estate planning documents.
Finally, it’s critical to update your estate planning documents regularly to ensure that they reflect any changes in your or your loved one’s gender identity or other personal circumstances. Make sure to review your documents periodically with your attorney to ensure that they remain current and effective.
In conclusion, Pride Month is a time to celebrate the diversity and resilience of the LGBTQ+ community. As an estate planning attorney, it’s important to recognize the unique challenges faced by gender non-conforming and non-binary individuals and to take steps to ensure that their estate planning documents reflect their unique identities and protect their loved ones. By working with an LGBTQ+-friendly attorney and using gender-neutral language and titles, individuals can create estate planning documents that reflect their values and protect their legacy for future generations.
If you are looking for help with your own estate planning needs, or would like to discuss how we can help your loved ones with their plans, please feel free to contact us at obed@greenelawfirm.com or call us at 415-905-0215
Statements In Compliance with California Rules of Professional Conduct: The materials in this article have been prepared by Attorney Jay Greene for educational purposes only and are not legal advice. This information does not create an attorney-client relationship. Individuals should consult with an estate planning and elder law attorney for up-to-date information for their individual plans.
Jay Greene, Attorney, CPA, is the founder of Greene Estate, Probate, & Elder Law Firm based in San Francisco, and is focused on helping LGBT individuals, couples, and families plan for their future, protect their assets, and preserve their wealth. For more information and to schedule an assessment, visit: https://assetprotectionbayarea.com/
Trust Essentials
Published on June 22, 2023
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