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Minneapolis Estate Planning and Probate Lawyer Blog

Monday, October 4, 2010

Grow Up, Grow Old and Enter the Closet Together.

In concentrating on the ways in which LGBT families may protect themselves, I generally focus on young growing families.  But a recent article reminded me of the vulnerability of elderly gay people.

The National Gay and Lesbian Task Force reports that there are approximately 1.4 to 3.8 million LGBT Americans over the age of 65.  While it may be true that LGBT persons have a large network of community on which to rely for support, generally this network will be close to the same age so may not offer much assistance.

Elderly LGBT people deserve to live out their twilight safely and openly.  Minnesota’s non-discrimination statute does not go far enough to protect its elderly LGBT population.  The non-discrimination statute should be amended to provide protections for seniors on the bases of sexual orientation and gender identity or expression in insurance, housing and public accommodations.

Be sure you are protected when you are at your most vulnerable by having a power of attorney, health care directive and HIPAA waiver.


Wednesday, September 22, 2010

Non-Traditional Couples Don’t Have the Protections They Need–Planning Can Help

Who do you want at your bedside when you’re terminally ill–Your best friend of 20 years or the brother you haven’t spoken with in 20 years?  And who should inherit your home and the assets contained within it when you die—or your hard-earned retirement savings for that matter—your distant uncle, or your partner who has given up his or her income to stay home to raise the child you have together?

Minnesota does not formally recognize any relationship other than marriage and, as such, does not grant unmarried couples any legal protections.  I have spoken with numerous clients who believe that unmarried couples do have certain rights – hospital visitation or medical decisions – when it comes to their partners; but this is not true. Without the proper legal documents, unmarried couples do not have the right to make decisions for their loved one either during illness (with hospital care) or after death (with disposition of remains).  In fact, unmarried couples are not even entitled to notification of the death of their partner.

Although the law may not automatically recognize your partner as your “spouse”, there are legal steps you can take to ensure that your partner does get the same rights and benefits as a married spouse.

Executing an Advanced Health Care Directive would ensure that medical personnel recognize the authority of your trusted partner to make medical decisions for you. Some hospitals might not want to recognize a non-traditional partnership, but ALL of them recognize the role of a Health Care Agent.

Signing a HIPAA waiver means that your partner will not be kept in the dark regarding your medical status and other personal information hospitals keep confidential.

Creating a Will or Trust means you can nominate the person you want to act as executor of your estate upon your death, and who the beneficiaries of your property will be, regardless of whether you have a marriage license or not.

Executing a financial power of attorney gives your partner the power to make financial decisions if you are unable. This is especially important if you have mingled finances and have been making joint decisions for years already.

Updating your life-insurance and IRA or 401(k) beneficiary forms allow you to name your partner as the sole and primary beneficiary of these proceeds. And if you’re still concerned, creating an irrevocable life insurance trust or a retirement trust will provide further protection and peace of mind.

These documents are the bare minimum you need to achieve the peace of mind that comes with knowing that your chosen representative will be able to speak for you, and inherit from you, in the event of unforeseen circumstances.

I understand non-traditional estate planning because I am a part of a non-traditional family. I understand how important it is to know that the right person will be by your side if anything happens, and that your partner and children will be taken care of when you are gone.  I can help you achieve the security and peace of mind that many traditionally married couples take for granted.  To learn more, please contact my office today.


Thursday, August 19, 2010

Welcome To Unique Family Law

Welcome to Unique Family Law and thanks for reading my first blog post.  This post is a brief introduction to my firm and an explanation of what you can expect from this blog.  I represent unique families, from GLBT families to unmarried couples to blended families.  We each have unique needs that the traditional legal system was not designed to protect.

The legal landscape is fast-changing with regard to the laws that affect unmarried, GLBT or blended families from the legalization of gay marriage in Iowa to Minnesota’s innovative Transfer on Death Deed or Hennepin County’s newly established Co-Parent Court for unmarried parents.  Through this blog, I plan to cover new advancements as well as established law that touch on the lives of unique families by addressing such questions as:

Why do I need a will?

Is a trust really necessary?

Why do I need to have a HIPAA waiver if I have a health care directive?

What’s so bad about probate anyway?


Thursday, May 20, 2010

Cohabitation

Minnesota has a “Cohabitation Statute” (Minn. Stat. s. 513.075) stating that a contract between a man and a women who are living together out of wedlock may be enforced as it deals with property and financial issues so long as the contract is

  • In writing
  • Signed by the parties
  • The parties seek enforcement after the relationship ends.

If the parties fail to properly execute a written agreement, the courts may not hear any disputes related to any financial or property disputes that may arise out of a claim based on the fact that the parties lived together in a sexual relationship and out of wedlock. The statutes specifically address cohabitation agreements between opposite-sex couples.  So, what may a same-sex couple do to protect property and assets upon contemplation of moving in together?


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