• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • Our Firm
    • About Our Firm
    • Attorney and staff profile
  • Services
    • Asset Protection & Business Planning
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • Farm or Family Business Planning
    • Incapacity Planning Services
    • Legacy Planning Services
    • Pet Planning Services
    • Retirement Planning
    • SECURE Act
    • Trust Administration and Probate
  • Resources
    • Client Resources
      • BLOG
      • DocuBank
      • Estate Planning Articles
      • Is Your Estate Plan Outdated?
      • Newsletters
    • Community Resources
    • Elder Law Reports
    • Frequently asked questions
      • Estate Planning FAQ’s
      • Frequently Asked Questions for Families Without an Estate Plan
      • Legacy Wealth Planning FAQ’s
      • LGBTQ Estate Planning Frequently Asked Questions
      • Trust Administration & Probate Frequently Asked Questions
    • Professional Resources
    • Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Estate Planning for Niches
      • Trust Administration
  • Contact Us
  • BLOG

Pearson Butler Attorneys at Law

South Jordan Utah Estate Planning Attorneys

Connect with us today(801) 988-5877

Estate Planning & Asset-Protection Planning
Home / Archives for LGBTQ ESTATE PLANNING

Is a Living Trust a good idea for a LGBTQ person?

June 20, 2018

Yes. If you’re part of the Lesbian, Gay, Bisexual, and Transgender community, a Living Trust offers protection for your estate, as well. It will completely eliminate a living probate, a death probate, and you can minimize or eliminate estate taxes. Further, it allows you to override the laws that may fail to recognize the importance of your relationship. … [Read more...] about Is a Living Trust a good idea for a LGBTQ person?

Do unmarried couples have to plan more than married couples do?

June 20, 2018

Yes. The default in state law, called “intestacy,” is designed with married couples in mind. If a married couple dies without any estate plan, the survivor will get a good portion of the assets left behind. However, if you are unmarried, unless you are in a state that legally recognizes domestic partnerships or civil unions and you have registered as such, the survivor would get nothing. Instead, the family of origin of the unmarried partner who died would get anything in that partner’s name, … [Read more...] about Do unmarried couples have to plan more than married couples do?

Are my estate planning documents a matter of public record?

June 20, 2018

Only your Will is a matter of public record. Your Revocable Living Trust and your Powers of Attorney are not public. Therefore, by using a Revocable Living Trust you can maintain the privacy of your wishes. Prying eyes of co-workers and neighbors will not have access to the details of your estate plan. … [Read more...] about Are my estate planning documents a matter of public record?

Is there a tax if I give some of my property to my spouse or partner?

June 20, 2018

Maybe. Federal law allows married couples to give each other an unlimited amount of property without gift tax during life or estate tax at death. Federal law does not recognize non-marriage relationships. However, each person gets to give up to his or her tax exclusion during their lifetime to anyone they want. But, any use during lifetime reduces the amount available for transfers at death. In addition, anyone can make a gift to any other person, called the Annual Gift Tax Exclusion, without … [Read more...] about Is there a tax if I give some of my property to my spouse or partner?

Will my spouse or partner be appointed guardian of my minor child?

June 20, 2018

Unless your spouse or partner has adopted your minor children, a court would decide what would be in the child’s best interest. Typically, your family of origin and that of the child’s other biological parent are given preference by the court. However, in your last Will, you can nominate your spouse or partner to be the guardian for your minor child. The court will then give weight to your suggestion while weighing what is in the child’s best interest. … [Read more...] about Will my spouse or partner be appointed guardian of my minor child?

Can I make decisions about my spouse or partner’s remains?

June 20, 2018

Yes, if you are married or in a registered relationship and in a state which recognizes that relationship. However, if you’re unmarried and either, 1) not in such a registered relationship, or 2) you are in a state which does not recognize that relationship, then default state law allows your partner’s family of origin rather than you to make those decisions. However, if your spouse or partner designates you as agent under their Health Care Power of Attorney, then you would be able to make such … [Read more...] about Can I make decisions about my spouse or partner’s remains?

How can I be sure that I will be allowed to visit my spouse or partner in the hospital or assisted living facility?

June 20, 2018

If you are married or in a state that recognizes civil unions or domestic partnerships and you register as such, proof of such marriage or registration would be sufficient. Otherwise, you would need to have your spouse or partner designate you as agent under their Health Care Power of Attorney. The agent also can limit other visitors. … [Read more...] about How can I be sure that I will be allowed to visit my spouse or partner in the hospital or assisted living facility?

Can my spouse or partner make medical decisions for me if I’m sick?

June 20, 2018

If you are in a marriage, registered domestic partnership, or civil union, your spouse or partner can make those decisions for you. If you are not in a registered relationship, then state law would recognize your family of origin to make those decisions. However, you can override state law and give your partner the authority to make such decisions by signing a Health Care Power of Attorney. With such a document, when you are unable to make your own medical decisions, your partner can step in and … [Read more...] about Can my spouse or partner make medical decisions for me if I’m sick?

Can my spouse or partner handle my financial affairs if I am incapacitated?

June 20, 2018

No, you have to do estate planning in order to allow your spouse or partner to have that authority. Specifically, by designating your spouse or partner as agent under a General Durable (Financial) Power of Attorney, he or she can make decisions on your behalf regarding financial matters. … [Read more...] about Can my spouse or partner handle my financial affairs if I am incapacitated?

I am in an unmarried relationship, do I need to plan?

June 20, 2018

You will be treated as “legal strangers” for purposes of state and federal laws. As a result, if you do not have an estate plan, your partner would not have the right to inherit from you, have preference to be appointed your guardian, or many other rights you would assume a spouse would have. … [Read more...] about I am in an unmarried relationship, do I need to plan?

  • Go to page 1
  • Go to page 2
  • Go to Next Page »

Primary Sidebar

FREE ESTATE PLANNING WORKSHEET

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.
  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • Twitter
  • Linkdin
  • Rss

Where We Are

SOUTH JORDAN
1802 South Jordan Parkway
Suite 200,
South Jordan, UT 84095
Phone: 801-988-5877

See Larger Map Get Directions

Office Hours

Monday8:30 AM - 6:00 PM
Tuesday8:30 AM - 6:00 PM
Wednesday8:30 AM - 6:00 PM
Thursday8:30 AM - 6:00 PM
Friday8:30 AM - 6:00 PM

Map

map for Pearson Butler Attorneys at Law office

Footer

  • Firm News
  • Speaker Connection
  • Advantages of Working With Our Firm
  • About The American Academy
  • Disclaimer
  • Privacy Policy
  • Sitemap
  • Contact Us

Connect with Us

  • Facebook
  • Twitter
  • Linkdin
  • Rss
footer-logo

Attorney Advertisement

© 2021 American Academy of Estate Planning Attorneys, Inc.