Last
week, we started the discussion of why it’s important for LGBTQ+ families
to invest in custom estate planning. While major strides for LGBTQ+ rights have
been made in recent years, estate planning law is still written with non-LGBTQ+
couples in mind, which means that your wishes and your rights may not be
respected when you die or if you become incapacitated without proper planning
in place.
This week, I’m covering two more reasons why
every LGBTQ+ family needs custom estate planning.
3. Most
Traditional Lawyers Aren’t Well Equipped to Serve LGBTQ+ Families
Although LGBTQ+ relationships are more
publicly recognized now than ever, creating effective estate plans for LGBTQ+
clients is still new territory for many traditional lawyers.
Some lawyers simply lack experience serving
LGBTQ+ families because these families didn’t have the same rights as non-LGBTQ+
couples until just eight years ago. While that’s nearly a decade, it’s only a
fraction of most lawyers’ practicing careers.
The same is true for many LGBTQ+ families. In
addition to same-gender marriage being relatively new, many LGBTQ+ families
haven’t pursued estate planning due to a lack of knowledge about its importance
or its availability to them. After all, only
30% of American adults have an estate plan, (yikes!), and only a small portion of that 30% are in a
LGBTQ+ relationship.
For lawyers who create cookie-cutter plans for
their clients (which is more lawyers than you’d like to think), the amount of
custom estate planning language necessary to make an effective plan for an
LGBTQ+ family is more than many lawyers know how to do or want to do.
That leaves a shocking number of traditional
attorneys who simply aren’t prepared or experienced enough to serve LGBTQ+
families in a way that creates effective plans and also honors their family and
their legacy.
Because of this, it’s crucial to work with an
attorney who isn’t just comfortable working with LGBTQ+ families, but is
passionate about getting to know your family on a personal level and creating a
plan that celebrates all that you’ve done and all that you hope for your family
in the future.
4. Keep
Your Kids with the Ones They Love
Family isn’t just about bloodlines - it’s also
about your chosen family and the bond and love you share for each other. And if
you have children, you know that ensuring their well-being and protection is of
the utmost importance.
In the event that something happens to you,
it's crucial to have a plan in place that addresses who will be your children’s
legal guardian, and this is especially true if the children in your family
aren’t biologically related to one of the parents, such as step-children or
children born to same-sex parents who aren’t married.
Not only can these situations create some
unique legal planning, but LGBTQ+ parents may also face resistance from family
members who may not support children living with a biologically unrelated
guardian or an LGBTQ+ guardian, whether you and your partner were married or
not.
Similarly, if your family is resistant to
certain lifestyle or parenting choices you have made - such as gender fluidity
in how you raise your child or the topics you discuss within your family - it’s
incredibly important to name guardians who align with your beliefs and who will
honor your wishes for how you want your children to be raised.
Legal
Guardians Are Even More Important for LGBTQ+ Families
To avoid potential disputes and ensure the
continuity of care for your children, it’s essential to designate legal
guardians for your children explicitly in your estate plan. By doing so, you
can legally establish who you want to care for your children in your absence
regardless of the guardian’s relationship to your children or their sexual
orientation.
By
documenting who you would want to raise your children clearly and legally, you
help ensure that your children will always be raised by the people you choose
and the people your children love.
Otherwise, you leave space for relatives who
do not agree with your beliefs to try to take over the position of guardian and
raise your children in a way you would not agree with - possibly even keeping
them away from the other parent figures in their life.
Choose a
Lawyer Who Understands and Honors Your Unique Family
Finding a lawyer who truly understands your
unique situation is crucial in making sure your loved ones are taken care of by
people who love and respect them, regardless of biology or sexual orientation.
You deserve a plan that celebrates your love, family, and future.
This Pride Month, celebrate all that you are
by protecting everything you love. I understand the unique challenges that
LGBTQ+ families face. That’s why I don’t practice law in the traditional way.
Instead, I put heart at the center of my
practice - making sure to truly get to know you, your loved ones, and your
needs so you can not only protect your family and document your wishes but
create a legacy and a story for your loved ones that they’ll cherish for years
to come.
To learn more about how I serve LGBTQ+
families differently, schedule
a free 15-minute discovery call.
This article is a service of Ganvir
Law, Personal Family Lawyer®. We do not just draft documents; we ensure you
make informed and empowered decisions about life and death, for yourself and
the people you love. That's why we offer a Family Wealth Planning Session™,
during which you will get more financially organized than you’ve ever been
before and make all the best choices for the people you love. You can begin by
calling our office today to schedule a Family Wealth Planning Session and
mention this article.
The
content is sourced from Personal Family Lawyer® for use by Personal Family
Lawyer® firms, a source believed to be providing accurate information. This
material was created for educational and informational purposes only and is not
intended as ERISA, tax, legal, or investment advice. If you are seeking legal
advice specific to your needs, such advice services must be obtained on your
own separate from this educational material.