Estate Planning for Same-Sex Couples
The landscape concerning same-sex relationships is changing. It is vital for lawyers to stay on top of these changes. Attorneys who represent lesbian and gay clients must provide creative estate planning that protects both parties, their children and their future.
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The landscape concerning same-sex relationships is changing. It is vital for lawyers to stay on top of these changes. Attorneys who represent lesbian and gay clients must provide creative estate planning that protects both parties, their children and their future.
About the AuthorixAcknowledgmentsxiIntroductionxiiiChapter 1Representing Lesbian and Gay Clients1An Underserved Population1Establishing a Niche Practice2Preliminary Considerations3Expanding a Practice to Include Lesbian and Gay Clients4Necessary Changes in Your Practice4Benefits of This Niche Practice6Chapter 2Understanding Legal Issues Affecting Lesbian and Gay Clients7General Issues8Same-Sex Couples Are Legal Strangers9Government Benefits Unavailable to Same-Sex Couples11Written Agreements between Same-Sex Couples12Children13Tax Considerations13Health Care Considerations14Elder Members of the Lesbian and Gay Community17Conclusion18Chapter 3Agreements and Contracts19Domestic Partnership Agreements21Shared-Parenting Agreements25Chapter 4Taxes and Trusts and Wills, Oh, My!29Wills29Prevalidating a Will32Designation of Heir Proceedings32Will Clauses to Include33Pets34Executor34Appointment of a Guardian35Trusts36Living Trusts37Testamentary Trusts40Spendthrift Trusts40Discretionary Trusts41Pet Trusts43Charitable Remainder Trusts45Irrevocable Life Insurance Trusts46Taxes47Gift Taxes48Jointly Held Property49IRAs49State Death Taxes49Other Considerations51Conclusion52Chapter 5Avoiding Probate53Standard Methods of Avoiding Probate54Living Trusts54Joint Tenancy54Payable-on-Death Accounts57Life Insurance58Transfer-on-Death Vehicle Certificates61Transfer-on-Death Deeds61Chapter 6Children63Questions to Ask65Shared-Parenting Agreements65Second-Parent Adoption66Standby Guardian68Testamentary Provisions68Difficult Issues69"Psychological Parent"70Life-Planning Issues71Chapter 7Essential Estate Planning Documents73Health Care Powers of Attorney and Living Wills73Designation of Agent75Funeral Arrangements75Guardian/Conservator Nomination77Durable Power of Attorney for Finances77Business Powers of Attorney78Government Accounts79Chapter 8Lesbian and Gay Seniors81Older Americans Act84Nursing Home Care85Health Care Issues Affecting Lesbian and Gay Seniors87Social Security88Medicaid and Medicare89Insurance Concerns of Lesbian and Gay Seniors92Conclusion93Chapter 9Other Issues and Considerations95Debts, Credit Reports, and Credit Cards95Credit Reports95Credit Accounts97Tax Returns97Social Security Benefits98Pension and Retirement Plans98Military Retired Pay100Nursing Homes, Retirement Communities, and Home Health Care101Foreign Same-Sex Marriages, Religious Same-Sex Marriages, and Civil Unions102Business Succession104Long-Term Care Insurance104Disability Insurance105Conclusion105Chapter 10Finding and Marketing to the Gay Community107Have a Plan108Marketing to a Niche109Lesbian and Gay Legal Organizations111Educational Seminars112Write a Newsletter113Other Marketing Strategies115Teaching116Conclusion116AppendicesAEstate Planning Forms117BResources177Index191
