Estate Planning for Same-Sex Couples

Estate Planning for Same-Sex Couples

by Joan M. Burda
     
 

In this guide for estate-planning lawyers, Burda, an attorney and program director for the Cleveland Homeless Legal Assistance Program, provides an overview of the legal problems facing lesbian and gay clients and offers solutions to their special legal needs. She addresses such issues as taxes, trusts, wills, adoption and nursing home care and also suggests ways to… See more details below

Overview

In this guide for estate-planning lawyers, Burda, an attorney and program director for the Cleveland Homeless Legal Assistance Program, provides an overview of the legal problems facing lesbian and gay clients and offers solutions to their special legal needs. She addresses such issues as taxes, trusts, wills, adoption and nursing home care and also suggests ways to market legal services to the gay community. The appendices contain estate planning forms and lists of resources. Twenty-two estate planning forms are included on the CD- ROM that accompanies the text. Annotation ©2004 Book News, Inc., Portland, OR

Product Details

ISBN-13:
9781590313824
Publisher:
American Bar Association
Publication date:
08/01/2004
Edition description:
Older Edition
Pages:
350
Product dimensions:
7.12(w) x 10.14(h) x 0.46(d)

Table of Contents

About the Authorix
Acknowledgmentsxi
Introductionxiii
Chapter 1Representing Lesbian and Gay Clients1
An Underserved Population1
Establishing a Niche Practice2
Preliminary Considerations3
Expanding a Practice to Include Lesbian and Gay Clients4
Necessary Changes in Your Practice4
Benefits of This Niche Practice6
Chapter 2Understanding Legal Issues Affecting Lesbian and Gay Clients7
General Issues8
Same-Sex Couples Are Legal Strangers9
Government Benefits Unavailable to Same-Sex Couples11
Written Agreements between Same-Sex Couples12
Children13
Tax Considerations13
Health Care Considerations14
Elder Members of the Lesbian and Gay Community17
Conclusion18
Chapter 3Agreements and Contracts19
Domestic Partnership Agreements21
Shared-Parenting Agreements25
Chapter 4Taxes and Trusts and Wills, Oh, My!29
Wills29
Prevalidating a Will32
Designation of Heir Proceedings32
Will Clauses to Include33
Pets34
Executor34
Appointment of a Guardian35
Trusts36
Living Trusts37
Testamentary Trusts40
Spendthrift Trusts40
Discretionary Trusts41
Pet Trusts43
Charitable Remainder Trusts45
Irrevocable Life Insurance Trusts46
Taxes47
Gift Taxes48
Jointly Held Property49
IRAs49
State Death Taxes49
Other Considerations51
Conclusion52
Chapter 5Avoiding Probate53
Standard Methods of Avoiding Probate54
Living Trusts54
Joint Tenancy54
Payable-on-Death Accounts57
Life Insurance58
Transfer-on-Death Vehicle Certificates61
Transfer-on-Death Deeds61
Chapter 6Children63
Questions to Ask65
Shared-Parenting Agreements65
Second-Parent Adoption66
Standby Guardian68
Testamentary Provisions68
Difficult Issues69
"Psychological Parent"70
Life-Planning Issues71
Chapter 7Essential Estate Planning Documents73
Health Care Powers of Attorney and Living Wills73
Designation of Agent75
Funeral Arrangements75
Guardian/Conservator Nomination77
Durable Power of Attorney for Finances77
Business Powers of Attorney78
Government Accounts79
Chapter 8Lesbian and Gay Seniors81
Older Americans Act84
Nursing Home Care85
Health Care Issues Affecting Lesbian and Gay Seniors87
Social Security88
Medicaid and Medicare89
Insurance Concerns of Lesbian and Gay Seniors92
Conclusion93
Chapter 9Other Issues and Considerations95
Debts, Credit Reports, and Credit Cards95
Credit Reports95
Credit Accounts97
Tax Returns97
Social Security Benefits98
Pension and Retirement Plans98
Military Retired Pay100
Nursing Homes, Retirement Communities, and Home Health Care101
Foreign Same-Sex Marriages, Religious Same-Sex Marriages, and Civil Unions102
Business Succession104
Long-Term Care Insurance104
Disability Insurance105
Conclusion105
Chapter 10Finding and Marketing to the Gay Community107
Have a Plan108
Marketing to a Niche109
Lesbian and Gay Legal Organizations111
Educational Seminars112
Write a Newsletter113
Other Marketing Strategies115
Teaching116
Conclusion116
Appendices
AEstate Planning Forms117
BResources177
Index191

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