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June is a wonderful time for the LGBTQ+ community to celebrate and look back on the progress we've made in the fight for equal rights. Pride Month reminds us of the milestones we've achieved, like the legalization of same-gender marriage and the growing recognition of LGBTQ+ families. However, there's still a lot of work to be done when it comes to estate planning for LGBTQ+ individuals. If we don't take the time to create a customized estate plan, our loved ones could face some serious challenges in the future.
Estate planning laws are currently designed mainly for heterosexual, cisgender individuals, and many lawyers aren't fully equipped to create estate plans that consider the unique family dynamics and wishes of LGBTQ+ clients. This means that if you have LGBTQ+ family members or if you're in a non-traditional family setup of any kind and you don't have a custom estate plan, your loved ones might unintentionally lose their rightful inheritance or get caught up in a lengthy and expensive legal battle.
To ensure that your family is well taken care of, regardless of how the law defines your relationships, let's explore why personalized estate planning is so crucial for LGBTQ+ individuals and all those in non-traditional families.
Taking Care of Your Unique Family
The definition of family has expanded beyond the traditional "nuclear family." We now celebrate the beautiful diversity of family structures, which include same-gender couples, unmarried partners, civil unions, polyamorous relationships, and many other unique dynamics. However, when it comes to matters of death or incapacity, the law hasn't caught up to the progress we've made. It often fails to accommodate non-traditional families in the ways we would choose.
If you pass away without an estate plan, the law will apply a default plan based on the state's rules. According to this default plan, your possessions and money will be passed on to your closest blood relatives or married spouse. If you're not legally married to your partner or partners, the people you love most will be unintentionally disinherited when you're no longer around.
Similarly, if you have children who are not related to you genetically and whom you haven't formally adopted, like a partner's child or stepchild, those children will not receive anything from your estate when you pass away. Even if you're married to the child's parent, the law doesn't recognize stepchildren as direct descendants, and they won't be included in the default plan.
To ensure that the people you love, your chosen family, are taken care of no matter how the law labels your family, it's important to create a customized estate plan. This plan will make sure your assets are distributed according to your wishes and that your partners, children, and chosen family members are protected and cared for if something happens to you, even if they may not be recognized under default inheritance laws.
Safeguarding Your Rights and Wishes
If you've ever wondered who would take care of you and your things if you become ill or incapacitated, your first thought is probably your partner, right? It makes sense that someone who has been by your side for years should be the one to make healthcare decisions for you or manage your finances.
Unfortunately, the law doesn't always operate based on what seems like common sense in our everyday lives and relationships. The law doesn't assume that you'd want any specific person making decisions for you if you become incapacitated. Instead, your family members would need to go through a stressful court process to be granted decision-making power by a judge.
If your family members can't agree on who should be your decision-maker, the court may assign a complete stranger known as a professional guardian to make decisions for you. Imagine someone you don't know having control over your life!
To avoid court involvement altogether, it's crucial to name your chosen decision-makers, often called Powers of Attorney, well in advance. This step becomes especially important if you want to choose someone who isn't related to you by blood or if you want to ensure that certain lifestyle choices or beliefs, such as a special diet, style of dress, or hormone therapy, are respected if you're incapacitated.
If you don't put your wishes on paper and name someone you trust to carry them out, a judge might not appoint your chosen decision-maker. In that case, the person chosen by the judge can make decisions for you based on what they think is best, even if it means disregarding your chosen gender expression or identity.
Nobody expects to become incapacitated due to illness or injury, but unfortunately, it happens. By legally naming a decision-maker in advance and discussing your wishes with them and your extended family, you can protect your rights and ensure that your desires for your care are respected while minimizing potential family conflicts.
Choose a Lawyer Who Understands You
To protect your family and your wishes as an LGBTQ+ individual, it's important to work with a lawyer who understands your unique circumstances and desires for your family. That's where we come in.
While the law may still have some catching up to do in accommodating diverse family structures, we understand that every family is different. We know how to create a custom plan that not only protects your loved ones and ensures your wishes are honored but also reflects the values, beliefs, and stories that make your family special.
If you want to make sure your LGBTQ+ family will be cared for and supported no matter what the future holds, schedule a free 15-minute discovery call with us by visiting the link provided. And don't forget to check back next week for part two of this blog.
This article is a service provided by the Law Office of Tanika L. Finney, a Personal Family Lawyer® Firm. We don't just draft documents; we help you make informed decisions about life and death for yourself and the people you love. That's why we offer a Peace of Mind Planning Session, during which you will become more financially organized than ever before and make the best choices for your loved ones. Call our office today to schedule a Family Wealth Planning Session.
The content of this article was sourced from Personal Family Lawyer® for use by Personal Family Lawyer® firms, a source believed to provide accurate information. This material was created for educational and informational purposes only and should not be considered as ERISA, tax, legal, or investment advice. If you need specific legal advice, seek services separate from this educational material.
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