Estate Planning for Same-sex Couples

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American Bar Association, 2004 - Law - 199 pages
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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.
  

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we support the gay and lesbian community as they do He Whetoko Trust. Recommended reading to all contemplating civil union

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Contents

Representing Lesbian and Gay Clients
1
Establishing a Niche Practice
2
Preliminary Considerations
3
Expanding a Practice to Include Lesbian and Gay Clients
4
Benefits of This Niche Practice
6
Understanding Legal Issues Affecting Lesbian and Gay Clients
7
General Issues
8
SameSex Couples Are Legal Strangers
9
Questions to Ask
65
SecondParent Adoption
66
Standby Guardian
68
Difficult Issues
69
Psychological Parent
70
LifePlanning Issues
71
Essential Estate Planning Documents
73
Designation of Agent
75

Government Benefits Unavailable to SameSex Couples
11
Written Agreements between SameSex Couples
12
Children
13
Health Care Considerations
14
Elder Members of the Lesbian and Gay Community
17
Conclusion
18
Agreements and Contracts
19
Domestic Partnership Agreements
21
SharedParenting Agreements
25
Taxes and Trusts and Wills Oh My
29
Prevalidating a Will
32
Will Clauses to Include
33
Pets
34
Appointment of a Guardian
35
Trusts
36
Living Trusts
37
Testamentary Trusts
40
Discretionary Trusts
41
Pet Trusts
43
Charitable Remainder Trusts
45
Irrevocable Life Insurance Trusts
46
Taxes
47
Gift Taxes
48
Jointly Held Property
49
Other Considerations
51
Conclusion
52
Avoiding Probate
53
Standard Methods of Avoiding Probate
54
PayableonDeath Accounts
57
Life Insurance
58
TransferonDeath Vehicle Certificates
61
Children
63
GuardianConservator Nomination
77
Business Powers of Attorney
78
Government Accounts
79
Lesbian and Gay Seniors
81
Older Americans Act
84
Nursing Home Care
85
Health Care Issues Affecting Lesbian and Gay Seniors
87
Social Security
88
Medicaid and Medicare
89
Insurance Concerns of Lesbian and Gay Seniors
92
Conclusion
93
Other Issues and Considerations
95
Credit Accounts
97
Social Security Benefits
98
Military Retired Pay
100
Nursing Homes Retirement Communities and Home Health Care
101
Foreign SameSex Marriages Religious SameSex Marriages and Civil Unions
102
Business Succession
104
Disability Insurance
105
Finding and Marketing to the Gay Community
107
Have a Plan
108
Marketing to a Niche
109
Lesbian and Gay Legal Organizations
111
Educational Seminars
112
Write a Newsletter
113
Other Marketing Strategies
115
Teaching
116
Estate Planning Forms
117
Resources
177
Index
191
Copyright

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About the author (2004)

Burda is a solo practioner in Lakewood, Ohio. In addition to her solo practice, she is the Program Director of the Cleveland Homeless Legal Assistance Program.

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