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LGBT Estate Planning in Nevada www.wealth-counselors.com 1
LGBT ESTATE
PLANNING IN
NEVADA
“Same-sex couples need to create an estate plan that sets out
their intentions in these specific legal areas, in order to make
their choices legally binding.”
BRADLEY B. ANDERSON
RENO NEVADA ESTATE PLANNING ATTORNEY
LGBT Estate Planning in Nevada www.wealth-counselors.com 2
Estate planning can be beneficial to anyone, wealthy or not. Estate planning can
be even more important for same-sex couples, especially those living in a state
that does not recognize same-sex marriage. Marriage makes estate planning
easier because many benefits are automatic for spouses. However, if a legal
marriage is not a possibility, it is imperative that couples plan ahead, in order to
ensure their partners and their families are protected in the event of their death.
If you are currently facing these issues, but you are unsure what to do, consult
with an estate planning attorney who is experienced in dealing with LGBT
concerns. We can provide great advice to assist you in finding the protection
strategies and estate planning tools needed to achieve your goals for the future,
no matter what they may be.
LGBT Estate Planning in Nevada www.wealth-counselors.com 3
ESTATE PLANNING ISSUES FACING SAME-SEX COUPLES
The law is always changing, and even
more so with regards to gay rights.
The LGBT community will continue to
face challenges in the area of estate
planning, tax planning, and gift taxes,
as the views of same-sex relationship
continue to change and evolve in
each state and the country. We understand that some of the needs and
concerns of the LGBT community are different from other families, especially in
the area of estate planning. Our firm is sensitive to those needs and prepared to
help you find the answers you need.
THE EFFECTS OF STATE AND FEDERAL LAWS
State and federal laws play a critical role in establishing how couples can jointly
own property. The laws also determine who will receive which assets when
someone dies, how taxes should be calculated, and who can be given the power
to make health care decisions for someone else, if they become incapacitated.
Unfortunately, most of these laws only apply to couples who are legally married.
For instance, married couples can visit each other in the hospital -- no questions
asked. Married spouses also inherit from one another automatically, even
without a will. Married couples also enjoy certain tax breaks that other citizens
do not.
LGBT Estate Planning in Nevada www.wealth-counselors.com 4
RECOGNITION OF SAME-SEX MARRIAGE
While most states still do not recognize same-sex marriages, these significant
benefits are not available to these couples. So, same-sex couples need to create
an estate plan that sets out their intentions in these specific legal areas, in order
to make their choices legally binding.
If you currently live in a state
where you are considered
legally married, in a domestic
partnership or civil union,
establishing an estate plan can
still ensure your wishes are
documented, regardless of
where you may be living at the time of your death, or who may be determining
the legality of your partnership.
WHAT SHOULD WE DO?
While you could try to establish an estate plan on your own, it would be very
beneficial to consult an estate planning attorney who specializes in same-sex
legal issues in your state. There are numerous laws that can affect same-sex
couples. An experienced estate planning attorney can make sure you have all of
your bases covered.
LGBT Estate Planning in Nevada www.wealth-counselors.com 5
A LAST WILL AND TESTAMENT
The last will and testament
is the foundation of every
estate plan. You must put in
writing what you want to
happen to your property
upon your death. With a
will, you candesignate who
you want toserve as your
executor, as well as who
should inherit which property. Without a will, state law will ultimately decide who
receives your property and, unless your partner is legally recognized as your
spouse, these state statutes will not include your partner.
A DOMESTIC PARTNERSHIP AGREEMENT
A simple way to document a couple’s intentions with regard to their relationship
is to create a domestic partnership agreement. This type of agreement is similar
to a prenuptial agreement, in that it provides the terms for dividing your property
if you and your partner separate, as well as how your property should be
distributed upon your death. A domestic partnership agreement is enforceable in
court, just like any other valid contract.
LGBT Estate Planning in Nevada www.wealth-counselors.com 6
ADVANCE DIRECTIVES
Another essential element to every estate plan is an advance directive. This can
take the form of a living will or a power of attorney for health care. Advance
directives allow you to appoint someone to be responsible for making decisions
regarding your health care, in the event you are unable to do so on your own.
Without an advance directive, your partner may not have any legal authority to
make the more important decisions for you. He or she may not even be able to
visit you in the hospital.
If you have questions regarding estate planning for the LGBT community, or any
other estate planning needs, please contact Anderson, Dorn & Rader, Ltd., either
online or by calling us at (775) 823-9455.
LGBT Estate Planning in Nevada www.wealth-counselors.com 7
About the Author
BradleyB. Anderson
Prior to founding his own firm in 1995, Mr. Anderson served as a
senior counsel for two major financial institutions and witnessed
the often devastating effects of ineffective estate planning with
many customers of those institutions. When he eventually decided
to venture out on his own, this experience led him to focus
exclusively on estate planning, providing his clients with a full
range of basic and advanced planning options.
Mr. Anderson began his professional life as a teacher of mentally-challenged, visually impaired
students. After four years as a special education teacher, Mr. Anderson returned to school to
obtain his law degree and begin a second career. Upon finishing law school, he went to work
for a civil litigation firm, spending five years handling litigation, probate and wills work. He
then moved on to Wells Fargo Credit Corporation where he served as senior counsel. In 1990
he accepted a position with the First Interstate Bank Legal Division, where he had
responsibility for several divisions, including the Trust Department. In 1995, he began his own
practice as Bradley B Anderson, Attorney at Law. The firm has continued to grow into the
premier estate planning law firm we see today.
Anderson, Dorn, & Rader, Ltd.
Legacy and Wealth Planning Attorneys
500 Damonte Ranch Parkway
Suite 860
Reno, NV 89521
Phone: (775) 823-9455
Fax: (775) 823-9456

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LGBT Estate Planning in Nevada

  • 1. LGBT Estate Planning in Nevada www.wealth-counselors.com 1 LGBT ESTATE PLANNING IN NEVADA “Same-sex couples need to create an estate plan that sets out their intentions in these specific legal areas, in order to make their choices legally binding.” BRADLEY B. ANDERSON RENO NEVADA ESTATE PLANNING ATTORNEY
  • 2. LGBT Estate Planning in Nevada www.wealth-counselors.com 2 Estate planning can be beneficial to anyone, wealthy or not. Estate planning can be even more important for same-sex couples, especially those living in a state that does not recognize same-sex marriage. Marriage makes estate planning easier because many benefits are automatic for spouses. However, if a legal marriage is not a possibility, it is imperative that couples plan ahead, in order to ensure their partners and their families are protected in the event of their death. If you are currently facing these issues, but you are unsure what to do, consult with an estate planning attorney who is experienced in dealing with LGBT concerns. We can provide great advice to assist you in finding the protection strategies and estate planning tools needed to achieve your goals for the future, no matter what they may be.
  • 3. LGBT Estate Planning in Nevada www.wealth-counselors.com 3 ESTATE PLANNING ISSUES FACING SAME-SEX COUPLES The law is always changing, and even more so with regards to gay rights. The LGBT community will continue to face challenges in the area of estate planning, tax planning, and gift taxes, as the views of same-sex relationship continue to change and evolve in each state and the country. We understand that some of the needs and concerns of the LGBT community are different from other families, especially in the area of estate planning. Our firm is sensitive to those needs and prepared to help you find the answers you need. THE EFFECTS OF STATE AND FEDERAL LAWS State and federal laws play a critical role in establishing how couples can jointly own property. The laws also determine who will receive which assets when someone dies, how taxes should be calculated, and who can be given the power to make health care decisions for someone else, if they become incapacitated. Unfortunately, most of these laws only apply to couples who are legally married. For instance, married couples can visit each other in the hospital -- no questions asked. Married spouses also inherit from one another automatically, even without a will. Married couples also enjoy certain tax breaks that other citizens do not.
  • 4. LGBT Estate Planning in Nevada www.wealth-counselors.com 4 RECOGNITION OF SAME-SEX MARRIAGE While most states still do not recognize same-sex marriages, these significant benefits are not available to these couples. So, same-sex couples need to create an estate plan that sets out their intentions in these specific legal areas, in order to make their choices legally binding. If you currently live in a state where you are considered legally married, in a domestic partnership or civil union, establishing an estate plan can still ensure your wishes are documented, regardless of where you may be living at the time of your death, or who may be determining the legality of your partnership. WHAT SHOULD WE DO? While you could try to establish an estate plan on your own, it would be very beneficial to consult an estate planning attorney who specializes in same-sex legal issues in your state. There are numerous laws that can affect same-sex couples. An experienced estate planning attorney can make sure you have all of your bases covered.
  • 5. LGBT Estate Planning in Nevada www.wealth-counselors.com 5 A LAST WILL AND TESTAMENT The last will and testament is the foundation of every estate plan. You must put in writing what you want to happen to your property upon your death. With a will, you candesignate who you want toserve as your executor, as well as who should inherit which property. Without a will, state law will ultimately decide who receives your property and, unless your partner is legally recognized as your spouse, these state statutes will not include your partner. A DOMESTIC PARTNERSHIP AGREEMENT A simple way to document a couple’s intentions with regard to their relationship is to create a domestic partnership agreement. This type of agreement is similar to a prenuptial agreement, in that it provides the terms for dividing your property if you and your partner separate, as well as how your property should be distributed upon your death. A domestic partnership agreement is enforceable in court, just like any other valid contract.
  • 6. LGBT Estate Planning in Nevada www.wealth-counselors.com 6 ADVANCE DIRECTIVES Another essential element to every estate plan is an advance directive. This can take the form of a living will or a power of attorney for health care. Advance directives allow you to appoint someone to be responsible for making decisions regarding your health care, in the event you are unable to do so on your own. Without an advance directive, your partner may not have any legal authority to make the more important decisions for you. He or she may not even be able to visit you in the hospital. If you have questions regarding estate planning for the LGBT community, or any other estate planning needs, please contact Anderson, Dorn & Rader, Ltd., either online or by calling us at (775) 823-9455.
  • 7. LGBT Estate Planning in Nevada www.wealth-counselors.com 7 About the Author BradleyB. Anderson Prior to founding his own firm in 1995, Mr. Anderson served as a senior counsel for two major financial institutions and witnessed the often devastating effects of ineffective estate planning with many customers of those institutions. When he eventually decided to venture out on his own, this experience led him to focus exclusively on estate planning, providing his clients with a full range of basic and advanced planning options. Mr. Anderson began his professional life as a teacher of mentally-challenged, visually impaired students. After four years as a special education teacher, Mr. Anderson returned to school to obtain his law degree and begin a second career. Upon finishing law school, he went to work for a civil litigation firm, spending five years handling litigation, probate and wills work. He then moved on to Wells Fargo Credit Corporation where he served as senior counsel. In 1990 he accepted a position with the First Interstate Bank Legal Division, where he had responsibility for several divisions, including the Trust Department. In 1995, he began his own practice as Bradley B Anderson, Attorney at Law. The firm has continued to grow into the premier estate planning law firm we see today. Anderson, Dorn, & Rader, Ltd. Legacy and Wealth Planning Attorneys 500 Damonte Ranch Parkway Suite 860 Reno, NV 89521 Phone: (775) 823-9455 Fax: (775) 823-9456