By Jay Greene, Esq., CPA–
Celebrating Pride
Pride Month is a time to recognize the achievements of the LGBTQ+ community. In June, we celebrate the love that spreads across the world, the progress that has been made, and the progress that we will continue to make. Though there have been many victories for our community, there are still many opportunities that we need to address in our community. One of these opportunities is having an estate plan that will work for you and your loved ones when you actually need it.
Pride in Planning
Proper planning has no bounds when it comes to the importance of protection it offers you and your loved ones. We each show up with unique life circumstances, and incorporating our story into our plan allows us to keep living our lives to the fullest potential that we desire. LGBTQ+ individuals, in particular, may want to consider how the benefits they receive by having a set of estate planning documents significantly outweigh the burdens of strained family relationships and government interference in how you live your life and how your death is handled.
As we all know, the legal system in the United States provides benefits to married couples that non-married couples do not receive. On June 26, 2015, marriages of the same-sex became recognized across this nation from the ruling in the Obergefell case. With the pending decision in Dobbs v. Jackson, we know that our right to privacy is on the line and will be challenged in other states. We must stand up for women to control their own future, for our trans/gender non-confirming siblings to control how they show up in the world, and for queers to determine how they live their lives, including controlling how they define their families. We cannot give up the gains we have made in the law.
So, “How does this impact estate planning?” you might be asking. Well, prior to Obergefell the majority of same-sex couples had no benefits like those of heterosexual married couples. How did these couples protect their rights? How did individuals control the autonomy of who could see them in their disability? It was through proper estate planning that people were able to protect their rights. That strategy still works today.
We can make sure that, no matter how the government and laws might change, we have created centuries tested estate planning documents that will protect our wishes in our time of need. We need these both for financial and medical independence when we can no longer make the decisions for ourselves. Having proper planning gives you strength and security in your individual life!
Legal obstacles have been disastrous for same-sex couples and queer individuals. This is most felt by their loved ones having to pick up the unplanned pieces. Without proper planning, you will be relying on strangers such as doctors or the court to act on your behalf with their pre-biased backgrounds. This is worrying because you may not know who will be your agent, and they may not have your best wishes in mind, sometimes even more so if it is a family member. Most importantly, unmarried couples are not entitled to receive any assets from each other when one of them passes away. There are many more disadvantages LGBTQ+ community members may face, but there are solutions around these issues.
Planning Ahead
By creating a comprehensive estate plan, you will gain the ability to appoint someone you actually trust to have the authority to make financial and medical decisions for you. In emergency situations you would have already appointed an agent with your best wishes at heart who can act on your behalf. You can also designate your assets to go to whomever you want to receive them all with the privacy protection of avoiding probate if you have a Trust in place. Don’t let another Pride month pass without making plans to protect yourself!
The most important aspect of planning is making sure all your wishes are met exactly as you want them to be. To find out more about LGBTQ+ planning, please reach out to an estate planning attorney that is knowledgeable concerning LGBTQ+ issues. Jay Greene is a proud member of the LGBTQ+ community and can be reached at 415-905-0215.
Statements In Compliance with California Rules of Professional Conduct: The materials in this article have been prepared by 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, Esq., 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. To learn more and to schedule an appointment, visit https://assetprotectionbayarea.com/
Published on June 9, 2022
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