The lesbian, gay, bisexual and transgender community faces unique issues in the area of wills, trusts, powers of attorney and estate planning. Simply put, we are not married and cannot marry in Montana. This means that the laws that benefit spouses do not exist for us. Consequently, an understanding and careful drafting of legal documents to create the desired result is a must for LGBT’s.
Issues that need to be considered include:
- Who can visit you in a hospital?
- Do you want a say in where your property goes?
- Do you want everything you own to go to your parents if they are living or do you want some things to go to your parents and some things to other people?
- Who do you want making medical decisions for you if you are injured?
- Who do you want to manage your money and pay your bills if you are unable to do those things because of injury or illness?
- If you have children, who takes care of them if something happens to you?
- If you give to a partner in your will, will there be estate taxes?
- If you put your partner on the deed to your house, will there be gift taxes?
I understand these issues and can help you deal with these questions. I get it.