Lawyers brainstorm solutions to gay couples’ financial obstacles - Fascinating article

[WillParkinson]

Lawyers brainstorm solutions to gay couples’ financial obstacles

As dozens of attorneys gather in Miami Beach this week to brainstorm and share ideas, this fact remains: For thousands of gay couples across the country, not being able to marry carries financial and legal burdens numbering in the hundreds.

Only some of those issues can be fixed, and doing so requires careful planning that many couples never take the time to address.

“The bottom line is you can’t not plan,” Miami attorney Jerry Chasen said. “I don’t kid myself. People have almost as much enthusiasm about coming to a lawyer to get this done as they do about going to the dentist.”

Chasen and other attorneys are meeting in Miami Beach to discuss these issues at the national Lesbian Gay Bisexual Transgender Bar Association’s annual conference. They are closely monitoring the battle for gay marriage in California, although individual state marriage laws don’t solve all financial and legal issues.

The largest barrier is the 1996 Defense of Marriage Act. That federal law recognizes marriage as solely between a man and a woman.

In 1997, the Government Accountability Office found that 1,049 federal rights, benefits and privileges are based on marital status. It found about 100 more after a 2003 update.

The challenges can begin with the very act of starting a household.

When Cindy Kramer bought a home with her partner, she thought she was being smart.

<snip>

In a high-profile situation that started in 2007, Janice Langbehn’s partner ended up at Ryder Trauma Center in Miami as the couple and their children were headed for a cruise.

Although Langbehn, of Washington state, had a power of attorney for her partner, allowing her to make financial decisions, she only saw Lisa Marie Pond briefly, with the escort of a priest administering last rites.

“The law in the state of Florida ... assumes that our next of kin is going to be our legally wedded spouse, then our children, then our parents and so on,” Miami Beach attorney Elizabeth Schwartz said.

Federal rules created by President Barack Obama this year say any hospital that receives Medicare or Medicaid money — which covers most — must allow visitation for same-sex partners.

<snip>

For married couples, Social Security benefits can be passed from one spouse to the other in the event of a death.

“A same-sex or unmarried couple that had been together for 30 years — the partner does not have the ability to claim benefits like that,” Pareto said.

<snip>

“It’s not perfect,” Pareto said. “But it’s light-years ahead of where it used to be.”

http://www.jsonline.com/blogs/business/101601023.html

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A lot of this stuff we know, a lot we may not know. It's good to be informed.

[mitchtv]

1. thanks Will

Partner and I have been together 33 years and have planned,and replanned, as the laws have in Calif have changed over the years,We have spent thousands on lawyers, because we have seen too many times how one greedy, often distant, relative can destroy all those plans. Luckily we were married during an open window in 2008. Now we are married, domestic partners, will beneficiaries and trust admins.

[dickthegrouch]

2. I've often wondered how many lawyers to consult

It seems to me to get comprehensive understanding of all the issues, one should consult with lawyers from each of these specialties:

Family
Wills and Probate
Real-estate
Financial
Health care
Divorce
Immigration (if one or both partners is not a full citizen)

Can anyone think of any others to add to the list?