Estate Planning For LGBTQIA+ Individuals And Families

During 2009, the Nevada legislature enacted legislation recognizing Domestic Partnerships between individuals who have properly registered with the state. A Domestic Partnership is a social contract between two persons that grants each partner different rights not available to non-married couples. To establish a legal Domestic Partnership, partners must furnish proof to the Secretary of State that both persons share a common residence, neither partner is married or part of another domestic partnership, the individuals are not related by blood, both individuals are at least 18 years of age, and both individuals are competent to consent to the Domestic Partnership.

Upon establishing a valid Domestic Partnership, domestic partners have the same rights, protections, and benefits granted to married spouses. Domestic partners are also subject to the same responsibilities, obligations, and duties under law as imposed upon married spouses. These rights and obligations include, but are not limited to, child support, alimony, community property rights, mutual responsibility for debts to third parties, etc. Deciding whether a couple should register as a Domestic Partnership is a very intimate and personal decision that should not be made without understanding the legal ramifications of doing so. The Law Firm of JEFFREY BURR recommends consulting with a family law attorney who is experienced in dealing with the LGBTQIA+ community.

Regardless of whether or not committed LGBTQIA+ individuals decide to form a Domestic Partnership, proper estate planning is essential to ensure that the right individuals are making the right decisions by respecting your wishes in the areas of healthcare decisions and property management when the time comes. A comprehensive estate plan is also necessary to ensure that LGBTQIA+ individuals are able to leave their property to their loved ones. At JEFFREY BURR, our experienced attorneys have been working with lesbian, gay, bisexual, and transgender individuals and families for many years to help devise the kinds of custom tailored estate plans that are necessary to meet the unique legal challenges faced by the LGBTQIA+ community. Depending on the situation, we can help LGBTQIA+ individuals and couples incorporate the following important documents into their estate plan:

• Health Care Powers of Attorney
• Powers of Attorney for Financial Matters
• Directives
• Wills
• Revocable Living Trusts or Separate Property Trusts
• Partnership Alliance Agreement