Posted on Thu, Jan 14, 2010
Choosing the right attorney is as important as choosing the right doctor. Not only do you want someone you are comfortable with; you also need someone that knows what they are doing. The main difference between doctors and attorneys is the fact that doctors receive additional training to "specialize" in different fields of medicine. For example, you wouldn't go to a Dermatogolist to have your heart checked out. In law, it's not that way. There are no specialties outside of tax and patent law. So any attorney that graduates from law school and passes the state bar can say they are an estate planning, divorce or criminal attorney, even though they have little or no experience in that field. So when you are looking for an estate planning attorney, look for one with experience. Make sure you ask these questions:
1. How long have you been practicing in the field of estate planning?
2. Roughly how many estate plans do you do a year?
3. How do you keep up with changes in estate planning law?
4. Do you handle any other law outside of estate planning?
You will make few decision in your life that are more important than how you handle your estate. Make sure you have the right firm on your side.
Posted on Tue, Jan 12, 2010
Putting together an estate plan for married couples can be tricky business, let alone same-sex couples. As part of a same-sex couple, you likely don't automatically inherit your partner's assets.
It can also be difficult for your family. You may or may not want them to receive some of your inheritance, even if you haven't seen them in years. But without a proper estate plan, they may get priority over your lifetime partner.
The rights of life partners and heterosexual couples differ in several ways and Estate Planning is one way to insure that life partners remain an integral part of each others decision making and asset division processes.
Additionally, life partners are not recognized as "family" for purposes of state law. Without the proper Powers of Attorney in place a life partner may be excluded from making financial or medical decisions for an ill or incapacitated partner.
Proper estate planning will protect those who are left behind after the death of a life partner and will insure that the wishes of a decedent are honored, and that his or her life partner is legally protected.
Contact an attorney whose focus is in estate planning and is knowledgeable about the LGBT community. This will help you put a plan in place to protect you and your partner.