1. Estate Planning For Homosexual & Lesbian Couple S
Estate planning for lgbt couples who have not really entered into a municipal union or registered as
domestic partners "save money and provide for your loved ones".
As average Americans, we function 80,000 hours in a lifetime, or 45 to fifty five years. In spite of all of
the resources and property we earn, the vast majority of Americans with property do not take the time
to produce a Will. National data indicate that 80% of Americans pass away without leaving the Will.
There are several reasons for this: fear of passing away ; procrastination; and misinformation (people
presume which only the rich or married with kids need to have Wills). Whatever the excuse, it is clear
that people would take advantage of having a Will.
In the absence of a may or other legal arrangement to distribute property at passing away , your
partner cannot receive any assets and cannot give your estate. The end result can be lengthy flight
delays and other problems. People in gay or lesbian relationships need properly drafted Wills and
estate preparing documents more than directly persons. The probate laws generally provide if a
person dies with no Will, their property would go to family, rather than a companion they had a
relationship with for years or decades.
IF you've got no WILL:
If you leave no Will or your Will is actually declared invalid because it was improperly prepared or is
not admissible to probate:
* State law determines that gets assets, not really you
* Additional expenses will be incurred and extra work will be required to qualify an administrator
* Possible additional condition inheritance taxes and Federal estate taxes
* If you have no s Civil Union , spouse , or close relatives the State may take your property
* The procedure in order to distribute assets gets to be more complicated-and the law will not make
any exceptions for individuals in unusual need or for your own wants.
* It may also cause fights and lawsuits between your companion and your family
When all your family members are grieving and dealing with death, they shouldn't be overwhelmed
along with disputes over property and Financial issues. Careful estate preparing helps take care of
which.
The following is really a sample of a number of clauses and things that should be included in the will
for single person:
1st: financial obligations and taxes
2nd: specific bequests to companion , charity, etc
3rd: disposition to partner
4th: disposition of remainder of estate if companion is predeceased
5th: advance of trusts for partner
6th: distribution to kids or trust with regard to children
7th: other beneficiaries under 21
8th: executors

2. 9th: trustees
10th: guardians of children
11th: no surety or bond required
12th: powers
13th: self proving will
14th: principal and income
15th: no task of bequests
16th: gender
17th: construction of will
18th: no contest clause
A Will must not only be prepared within the legal requirements of the nj Statutes but should also be
prepared so it simply leaves no questions regarding your intentions.
WHY periodic REVIEW IS ESSENTIAL
Even if you have an existing may , there are many events which occur which may require changes in
your may. Some of these are:
* Domestic Partnership, marriage , death, birth, divorce or separation affecting people named inside
your Will
*Significant changes in the value of your total property or in any particular assets which you own
* Changes in your relationships
* A change in your State domicile
* Death or incapacity of a beneficiary, or death, incapacity or change in residence of a named
executor, or of one of the witnesses to the execution from the Will if the may is not self- proving
*Annual changes in tax law
MAY I CHANGE my personal WILL?
Yes. The Will may be modified , added to, or entirely changed at any time before your death provided
you are mentally and physically competent and desire to change your may. You should consider
revising your Will whenever there are changes in the size of your estate.
Beware, should you draw lines via items, erase or write over, or add notations to the original Will, it
may be destroyed as a legal document. Either a brand new Will should be lawfully prepared by an
attorney or a Codicil prepared by an attorney signed to lawfully change portions from the Will.
SAVE MONEY
Probate in New Jersey is not difficult. Your property will be subject to probate whether or not you
have a may and in most cases, the Will reduces the cost by eliminating the requirements of a bond.
When you talk with your attorney in order to draft a may , you may also learn suggestions to reduce
death taxes and other expenses. Don't pinch pennies now to the detriment of the Partner and
beneficiaries. We have attempted to quickly explain in this article some of the issues, techniques, and
decisions involved in Wills, Estate Planning, and Administration of an property. Because the matters
protected are complicated and also the Federal and nj laws frequently alter , this article can only
describe some of the many legalities you should consider.

3. The price of a Will depends on the size and the complexity of the estate and also the plans of the
person that makes the Will.
A properly drawn easy Will without believe in costs approximately $300.00 to $600.00. It is one of the
most important documents you will ever sign, and may be one of the best bargains you will ever have.
Also, ascertain if your Will is "self-proving", which would dispense along with having to find the Will's
witnesses after passing away.
WHAT IS A may ?
"A may is a Legal created document which, following your death, directs how your separately owned
property is going to be distributed, who will be in charge of your property until it is distributed. You
should never forget that the term "property " under the law includes "real estate as well as other
belongings and rights to get money or items of value." Everyone that has at least $3,000 in assets
should have a Will. You don't have to be wealthy, hitched , or near passing away to do some severe
thinking about your may.
ADMINISTRATION OF AN ESTATE
If you are named the executor or executrix, you must visit the region Surrogate to probate the Will.
You will need the following items:
1. The Death Certificate
2. The original Will
3. Names and Addresses of decedent's next of family member and will beneficiaries
4. Minimum of $100.00 with regard to Surrogate fees
A condition inheritance tax return must be filed and also the tax paid about the transfer of real or
personal property within eight several weeks after death.
OTHER ITEMS OF CONCERN to be ready BY YOUR ATTORNEY
-Power of Attorney- to allow your partner or another person to administer your assets during your
lifetime, either upon disability or now
-Living Wills/ Advance Directive- to state your wants concerning medical care in the event of your
serious illness and to allow your partner or another person to make medical decisions.
In the lack of a Power of attorney or other legal arrangement to distribute property if you become
disabled, your partner can't pay your bills or access your assets. The end result can be lengthy flight
delays.
Reasons to have a energy of Attorney
What are these powers of attorney?
A energy of Attorney is really a written document when a competent adult person (the "principal")
names another competent adult individual (the "attorney-in-fact") to act on the principal's behalf. In
general, an attorney-in-fact may perform any legal perform or task that the principal has a legal right
to do for him/herself. You may wish to indication a Power of attorney giving your partner the ability to
handle your affairs if you become ill or disabled.
The phrase "durable" in reference to a power of attorney means that the power remains in force for
the lifetime of the principal, even if he/she becomes mentally incapacitated. A principal might cancel a

4. power of attorney at any time unconditionally. Powers granted on a power of attorney document can
be very broad or very thin in accordance with the needs of the principal.
Why is energy of Attorney so important ?
Every adult has day-to-day affairs to handle , such as paying the bills. Many people are under the
impression which , in the event of catastrophic illness or injury, the live-in partner, or child can
automatically act for them. REgrettably , this is often wrong, even if joint ownership circumstances
exist. Even under the "new" NJ household Partner Act, you can't act on behalf of someone if they
become disabled. A Power of attorney allows your partner or another person to administer your
assets during your life time , either upon impairment or now.
The lack of properly prepared and executed energy of attorney can cause extreme difficulties
whenever an individual is troubled with severe illness or injury rendering him/her unable to make
choices or manage monetary and medical affairs. New Jersey has a comprehensive , expensive legal
methods , called Guardianships or conservatorships, to provide with regard to appointment of a
protector.
These normally require lengthy, formal proceedings and are expensive in court. This means
involvement of lawyers to prepare and file the necessary documents and doctors to provide medical
testimony regarding the mental incapacity from the subject of the action. The procedures also require
the participation of a temporary protector to investigate, even intercede, in surrogate proceedings.
This can be slow, pricey , and very frustrating. In addition , the domestic companion can be
challenged inside a guardianship by the incapacitated person's family members.
Advance preparation of the energy of Attorney might avoid the inconvenience and expense of
guardianship proceedings. This needs to be done while the principal is competent, alert and aware of
the effects of his / her decision. Once a serious problem happens , it is usually too late.
The Power of attorney can be effective immediately upon signing or only upon impairment. Some
examples of legal powers contained in the energy of Attorney would be the following:
1. REal estate : To execute all contracts, deeds, bonds , mortgages, notes, inspections , drafts,
money purchases , and to lease, collect rents, grant, bargain , sell, or be lent and mortgage, and to
manage, compromise, settle , and adjust all matters pertaining to real estate.
2. ENDORSEMENT of NOTES, ETC.: to make , execute, endorse, take , and deliver every bills of
exchange , checks, drafts, information and trade acceptances.
3. PAYMENT of NOTES, ETC.: to pay for all sums of money , at any time, or occasions , that may
hereafter end up being owing by me upon any expenses of exchange, check , draft, note, or trade
acceptance, made , executed, endorsed, accepted , and delivered by me, or for me , and in my name
, by my broker.
4. STOCKS, bonds , AND SECURITIES: to sell any and all shares of stocks, bonds, or other
securities now or hereafter, belonging to me, that may be from an association, trust, or corporation
whether private or public , and to make, perform , and deliver any assignment, or assignments , of
any such shares of stock, bonds , or other investments.
5. CONTRACTS, agreements , ETC.: To enter into secure deposit boxes, and to make, sign, perform

5. , and deliver, acknowledge , and perform any contract, agreement, writing , or thing that could , in the
opinion of my Agent, end up being necessary or correct to be entered into, made or signed, sealed ,
executed, delivered, acknowledged or performed.
6. BANK ACCOUNTS, CERTIFICATES of DEPOSIT, MONEY market ACCOUNTS, ETC.: to
increase or withdraw any amounts from any of my bank accounts, certificates of Deposit, cash Market
Accounts, etc. On my behalf or for my benefit. To make, execute, endorse , accept and deliver any
and all checks and drafts, deposit and withdraw funds, obtain and redeem certificates of deposit,
within banks, savings and loan associations and other institutions, execute or release such actions of
trust or other security agreements as may be required or proper within the exercise of the privileges
and powers herein granted; Without in any way being limited by or limiting the foregoing, in order to
conduct banking transactions.
7. TAX RETURNS, insurance coverage AND OTHER DOCUMENTS: in order to sign all government ,
State, and municipal tax returns, insurance forms and any other documents and to represent me in all
matters concerning the foregoing.
You should contact your attorney to have a Power of attorney Prepared, together with the Will, Living
may and other vital property Planning documents.
Gay and Lesbians- living Will/ Advance Directives
Planning Ahead For Your health care :
In the absence of a full time income Will or other legal arrangement should you become disabled,
your partner generally has no state regarding medical care or life support. Your partner cannot
access your assets. Your partner can't receive information on your medical status or medical care.
Advance directives are very personal documents and you should feel free to create one which best
suits your personal needs.
All says have declared which competent adults have the fundamental right within collaboration with
their health care providers , to control decisions about their own health care. Says recognize in their
regulation and public plan , the personal right of the baby patient to make voluntary , informed
choices to simply accept , to reject in order to choose among option courses of medical and surgical
treatment. If you have a Living Will, you can designate your partner as a decision maker.
WHY LIVING WILLS
Modern improvements in science and medicine have made possible the prolongation from the lives of
many seriously ill individuals, without always offering realistic prospects for improvement or cure. For
many individuals the possibility of extended life is experienced as meaningful and of benefit. For
others, artificial prolongation of life may seem to provide nothing medically necessary or
advantageous , serving only to lengthen suffering and prolong the dying process. States recognize
the inherent dignity and value of human existence and within this framework recognize the
fundamental correct of individuals to make health care decisions to have life-prolonging medical or
medical means or methods provided, withheld, or withdrawn.
States recognize the right of competent adults to prepare yourself for health care choices through the
execution of advance directives, for example Living Wills and sturdy powers of attorney , and to have

6. their own wishes respected, susceptible to certain limitations.
PURPOSE OF LIVING WILLS
In order to assure respect for patients' formerly expressed wishes when the capacity to participate
actively in making decisions has been lost or impaired ; to facilitate and encourage a sound making
decisions process in which patients , health care representatives, households , physicians, and other
health care professionals are active participants; to properly consider patients' interests both in self-
determination and in well-being; and to provide required and appropriate shields concerning the
termination of life-sustaining treatment with regard to incompetent patients as the law and public
policy of this condition , the Legislatures have enacted Living Will/ Advance Directives with regard to
Health Care Acts.
REQUIREMENTS OF STATUTE
The advance directive for health care (Living Will) requires a writing executed in accordance with the
requirements of the state law. It must be either signed and out dated in front of an attorney from law
or body else authorized to administer oaths, or in the presence of two subscribing adult witnesses. If
the two adult witnesses are used, they both must attest that the declarant is actually of sound mind
and not under unnecessary influence. A specified health care representative shall not act as the
witness to the execution of the advance directive. Since this is a legal record , it must be executed
properly to be legitimate under the statute.
HEALTH CARE REPRESENTATIVE
The declarant must designate a number of alternative health care representatives. "Health care
representative" means the person designated by you under the living Will for the purpose of making
health care decisions for you.
WHEN DOES the ADVANCE DIRECTIVE become OPERATIVE
An advance directive becomes operative when
(1) it is transmitted to the attending physician or to the health treatment institution
(2) it is determined pursuant to the Act that the individual lacks capacity to create a particular health
care decision.
Treatment decisions pursuant to an advance directive shall not be made and implemented until there
has been a reasonable chance to establish and exactly where appropriate confirm, a trusted
diagnosis for the individual which shall include the attending physician's opinion concerning the
nature, trigger , extent, and probable duration of the patient's incapacity, and will be made a part of
the patient's medical records. For more information or to have a "Living Will" prepared , see your
attorney. In addition , be certain your final Will and testomony is up to date.
As Americans, we take it for granted that we are entitled to make decisions about our own health
care. Most of the time we make these choices after talking with our own physician about the
advantages and disadvantages of various treatment options. The best of a competent person to
accept or decline medical treatment is a basic right now fully guarded by law.
But what happens if serious illness, damage or permanent lack of mental capacity makes us
incapable of talking to a doctor and deciding exactly what medical treatments we perform or do not

7. want? these types of situations pose difficult questions to all of us as patients, family members,
friends and health care experts. Who makes these choices if we can't make them for ourselves? If we
can not make our choices known how can we make sure that our wants will be respected? if
disagreements arise among those caring for us about different treatment alternatives how will they
end up being resolved? Is there a way to alleviate the problems shouldered by family members and
loved ones whenever critical medical choices must be made?
Living Will:
By utilizing documents known as advance directives for health care , you can answer a few of these
questions and give yourself the security of understanding that you can continue to have a state in
your own treatment. An adequately prepared Living may permits you to plan ahead to help you both
make your wishes known, and select someone who will see to it that your wishes are followed.
After all , if you are seriously sick or injured and should not make decisions on your own someone will
have to decide about your medical care. Doesn't it make sense to
o have your partner or another person you trust make decisions for you,
o Provide instructions about the treatment you do and don't want, or
o both appoint a person to make decisions and provide them with instructions.
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