LGBTQIA + Matters – The Law Office of Crystal M. Richardson, PLLC

LGBTQIA+ Attorney for LGBTQIA+ Estate Planning Matters

Supporting and Honoring LGBTQIA+ Rights and Non-traditional Family Relationships in North Carolina

Welcome to the LGBTQIA+ practice at the Law Office of Crystal M. Richardson – where we treat each client as if they were family. We proudly represent clients who identify as a member of the LGBTQIA+ community, with estate planning, estate administration, and heir’s property matters.

Are legal matters with partners, family members, or in-laws keeping you from a calm and secure way of life? Do you fear that in your absence the default laws North Carolina would not carry out your wishes when it comes to who makes financial or medical decisions?

We are personally connected to this area of law, and this is why our firm is passionate about helping those in the LGBTQIA+ community get the legal advice that is needed and specific.

Practice Area

LET OUR LGBTQIA+ and ESTATE PLANNING LAW FIRM HELP TODAY

Don't Let LGBTQIA+ Legal Issues Jeopardize your Individual and Family Estate Planning

We understand that “family” can refer to “non-biological kinship bonds” that include “mutual support and love” and we respect all family dynamics.

Particularly, within the LGBTQIA+ community, “chosen family” may be the ones to offer us the love and mutual support that is not offered from our biological family.

We also understand and appreciate that “family” can extend beyond the traditional nuclear family of “Mom and Dad” to include “Auntie,” “Uncle,” “Cousin,” “Grandma,” and so on.

Non-traditional families might include grandparents raising grandchildren, aunts/uncles raising nieces/nephews, an unmarried couple living together, friends living together to share the cost of living/expenses, long-term couples choosing not to marry, same-gender loving couples, or polyamorous families. Regardless of your family structure, all families deserve and have the right to form legally stable bonds and family ties.

Our legal system is complex and laws are ever-changing and challenges often arise for LGBTQIA+ and non-traditional families to exercise their rights to form legal family bonds and ties.

It is critical that LGBTQIA+ and non-traditional families receive solid legal advice and guidance about their unique family structure to navigate these ever-changing legal systems to protect themselves and the ones they love.

The legal team at the Law Office of Crystal M. Richardson PLLC have worked with the LGBTQIA+ community since 2014. We believe that everyone is entitled to fairness and justice and we have long been advocates for equality and justice for all. We believe that estate planning is necessary for everyone, and particularly those in marginalized groups, including the LGBTQIA+ communities and non-traditional families.

Name Changes and Gender Marker Changes

Our name and how we identify ourselves is critical to one’s dignity and self-respect. At the Law Office of Crystal M. Richardson, we offer legal name and gender marker change services to transgender, gender non-conforming, and non-binary individuals seeking to make their legal identities match their lived experiences.

In North Carolina, a person can change the sex designation on their birth certificate through submitting a sworn statement along with a passport or driver’s license or a certification from a licensed healthcare professional, social worker, or case manager affirming their identity.

In June 2022, a federal court ruled that North Carolinians can now change the gender marker on their birth certificates without having to undergo medical transition surgeries. That means that transgender people no longer need to undergo surgery or medically transition, to get birth certificates that are consistent with their lived experience. This is a huge victory for transgender people born in North Carolina.

At the Law Office of Crystal M. Richardson, PLLC, we are happy to assist you with navigating the legal system to understand what documents you need to file and when, help you overcome challenges, such as your name change being denied, and guide you to understand the next steps when your name change is granted.

North Carolina LGBTQIA+ Estate Planning Law Firm, Collaborative Yet Assertive Legal Counsel

Most clients focus on the day-to-day discomfort of living in an unsafe situation, when the greatest risk is the financial impact a legal dispute or sudden catastrophic event to a loved one would have to themselves and their family. At Law Office of Crystal M. Richardson, PLLC, we understand the immense pressure a legal matter can place on an individual, their partner, and their family at large.

Clients choose the Law Office of Crystal M. Richardson, PLLC, as legal counsel because, together, we share the goal of minimizing the impact of legal issues on one’s life.

We help our individual LGBTQIA+ clients view themselves as more than just parties to a legal matter. Together with them, we weight the available legal options and find the best decisions for them and their family. Don’t delay and let legal issues continue to go unaddressed, this will only further prevent your peace of mind.

Contact the Law Office of Crystal M. Richardson, PLLC today to schedule a no-obligation assessment call.

FAQs

1. Q: Why is estate planning important for LGBTQIA+ individuals?

A: Regardless of gender or sexual orientation, estate planning is essential for everyone. Estate planning holds significant importance for LGBTQIA+ individuals in North Carolina due to the unique challenges faced in a legal landscape despite the strides made in the law over the past decade. All married couples, must do everything that they can to solidify their rights and ensure their wishes and desires are respected and honored. Even though marriage is legal in all 50 states, many have decided that marriage is not right for their relationship and often choose to create an estate plan which protects their chosen families. Creating a comprehensive estate plan allows individuals to assert their wishes regarding asset distribution, healthcare decisions, and the safeguarding of their loved ones, while providing a legal foundation for their unique family structures.

2. Q: Are there specific challenges LGBTQIA+ individuals may face in estate planning?

A: Indeed, many LGBTQIA+ individuals may encounter challenges related to the recognition of their relationships, potential discrimination in housing, employment or public accommodations, and non-recognition of their gender or pronouns. Crafting an estate plan tailored to address these challenges becomes essential, especially for those estranged from their biological families. This includes ensuring that legal documents explicitly recognize and protect the rights of LGBTQIA+ individuals and their chosen families.

3. Q: How can LGBTQIA+ couples protect their parental rights?

A: LGBTQIA+ couples can safeguard their parental rights in North Carolina by actively seeking legal recognition through adoption, parenting and domestic partnership or property, or assisted reproductive technology agreements. Establishing legal parentage not only fortifies their parental rights but also mitigates potential disputes, providing a secure foundation for their family structure.

4. Q: What happens if a same-gender loving couple does not have a will or estate plan?

A: In the absence of a will or estate plan, the state’s intestacy laws will govern the distribution of assets, which is centered around biological next-of-kin. This default framework may not align with the couple’s preferences, particularly if their marital status is not recognized and respected by the couple’s biological family members. Hence, having a comprehensive estate plan ensures that assets are distributed according to that couple’s explicit wishes and desires.

5. Q: Can LGBTQIA+ individuals name a non-biological partner as a guardian for their children?

A: Absolutely. Anyone can name a potential guardian for their minor children in their last will and testament. The nominated guardian does not have to be related to the individual. For LGBTQIA+ individuals, it is essential to designate a guardian for their minor children through a meticulously crafted will, as it is not uncommon for a biological grandparent or someone of family origin to petition the court for guardianship. Clearly articulating the chosen guardian ensures that the children’s well-being is prioritized according to the deceased parents’ intentions and wishes.

6. Q: How can LGBTQIA+ individuals protect their assets?

A: There are a number of estate planning tools LGBTQIA+ individuals and couples can employ to protect their assets, including trusts, power of attorney documents, retirement and life insurance, or other accounts with beneficiary forms. Establishing trusts, for example, allows for specific instructions on asset management and distribution, providing a layer of protection against bias and ensuring that assets are handled in accordance with the individual’s wishes. Accounts that have beneficiary designations, such as life insurance policies and retirement accounts, can ensure that assets get into the right hands, the individuals that you intend to have your assets.

7. Q: What legal documents are essential for LGBTQIA+ estate planning?

A: Essential legal documents for LGBTQIA+ estate planning can encompass a comprehensive set of legal documents, including a last will and testament, health care power of attorney, durable financial power of attorney, HIPPA privacy release authorization, and advance directives. These documents collectively address various aspects such as property distribution, decision-making authority, and healthcare preferences, forming the foundation of a thorough estate plan.

8. Q: Can LGBTQIA+ individuals appoint a chosen family member as a healthcare proxy?

A: Yes, LGBTQIA+ individuals can appoint a chosen family member or friend as a healthcare proxy (also known as a health care power of attorney or agent). This legal document designates someone trusted to make healthcare decisions in alignment with the individual’s wishes, even if not biologically related. This document is recommended for everyone over 18 years of age, LGBTQIA+ or not.

9. Q: How does marriage impact estate planning for LGBTQIA+ couples?

A: Since marriage equality arrived in the United States on June 26, 2015, same-gender loving couples have been able to enjoy the same rights and privileges of their counterparts. However, even if you are married, you should still take legal steps to solidify your marriage. It is vital to create a comprehensive estate plan to protect your assets and legally document your wishes. A comprehensive estate plan will strategically address your unique circumstances, goals and specific concerns.

10. Q: Can LGBTQIA+ individuals disinherit family members in their will?

A: Yes, anyone over the age of 18 years old, including LGBTQIA+ individuals, has the right to disinherit family members from their last will and testament. Including explicit language in the will expressing the intention to disinherit specific individuals helps prevent potential legal challenges, ensuring that the estate is distributed according to the individual’s desires.

11. Q: How can LGBTQIA+ individuals change their name or gender marker in North Carolina?

A: Many LGBTQIA+ individuals chose to change their given name to a name that best suits how they currently identify as an adult. In North Carolina, an individual seeking to legally change their name may do so by filing a notice and petition in the county where they reside. There are a number of steps that must be taken prior to filing, such as a state and federal background check, and obtaining affidavits attesting to the individuals’ good character, outstanding tax and child support obligations. This process can be time consuming and overwhelming, however, an experienced attorney can assist with ensuring that you have the proper documentation required for the name change petition prior to filing.

12. Q: Can LGBTQIA+ individuals use a trust to provide for their partner?

A: Absolutely. Utilizing a trust instrument is a powerful strategy for LGBTQIA+ individuals to use to provide for their partner during their lifetime and after. Establishing a trust allows for detailed instructions on asset distribution, potentially avoiding legal challenges or family disputes, and ensuring that the partner is adequately provided for, such as ensuring that they have access to the residence while they are living, if the individual is deceased.

13. Q: How can LGBTQIA+ individuals protect their wishes regarding end-of-life decisions?

A: Protecting end-of-life wishes involves creating a healthcare directive or advance directive (a living will). These documents not only outline preferences for medical treatment but also appoint a trusted individual to make decisions aligned with the individual’s wishes. Additionally, clear communication with healthcare providers is crucial to ensure that designated representatives and directives are respected.

14. Q: Can LGBTQIA+ individuals name a non-biological partner as a beneficiary on life insurance policies?

A: Absolutely, LGBTQIA+ individuals can designate a non-biological partner as a beneficiary on life insurance policies. This ensures that the partner receives the designated benefits in the event of the policyholder’s death, providing financial protection.

15. Q: How can LGBTQIA+ individuals plan for long-term care?

A: Planning for long-term care involves considerations such as long-term care insurance, Medicaid planning, and establishing a durable power of attorney for financial decisions. LGBTQIA+ individuals should tailor their plans to address unique needs and potential challenges related to discrimination in accessing care.

16. Q: What steps should LGBTQIA+ individuals take to update their estate plan after major life changes in North Carolina?

A: Generally, you want to review your estate plan every 2-3 years. You may want to currently update your nominations for personal representative, guardian, or trustee, for example. Major life changes, such as marriage, divorce, or the birth of children, necessitate a thorough review and update of the estate plan. Collaborating with an attorney ensures that the plan aligns with the current circumstances and goals, providing a legal foundation that accurately reflects an individual’s wishes.

17. Q: How can LGBTQIA+ individuals plan for the care of their pets in their estate plan?

A: Planning for pet care involves including provisions in the will or creating a pet trust. Using these instruments, an individual can designate a caregiver, specify care instructions, and allocate funds for pet-related expenses, ensuring that pets are well-cared for in the event of incapacity or death, providing you with peace of mind.

18. Q: Can LGBTQIA+ individuals create an estate plan without outing themselves to family members?

A: Yes, you can create an estate plan discreetly by working confidentially with an experienced LGBTQIA+ friendly attorney. Legal professionals are bound by confidentiality and attorney-client privilege, allowing individuals to navigate the planning process discreetly while protecting their best interests and wishes. Open communication with legal professionals about privacy concerns is crucial to maintaining confidentiality throughout the process; therefore, finding an attorney who honors and respects your individuality and understands your needs is key to successful estate planning.