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    Kinghorn Heritage Law Group, PLC

    Tucson Estate Planning Attorneys

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    Home / Tucson LGBTQ Estate Planning

    Tucson LGBTQ Estate Planning

    Obergefell v. Hodges was a landmark decision that finally guaranteed nationwide marriage equality. However, it was not the only important case on the rights of homosexual couples to come before the Supreme Court. Obergefell v. Hodges actually came after a 2013 case called United States v. Windsor, which was a case originating out of an estate planning question.

    The fact that the battle for gay marriage has included estate planning cases shows just how much of an impact your sexuality can have on your estate planning process. While Obergefell v. Hodges has made it easier for homosexual couples to take some of the same estate planning shortcuts as straight couples, the nationwide recognition of gay marriage does not eliminate the complexity of the estate planning process. It also provides no relief to transgender individuals and to LGBTQ individuals who aren’t part of a marital union.

    Estate planning is always complicated, and non-traditional sexuality or gender roles can make the process of making an estate plan and securing your legacy even more difficult. Kinghorn Law wants to make the process easy.

    Our Tucson LGBTQ estate planning lawyers know how to make the law work for you and will help with the creation of a comprehensive plan that protects you and those who you love, regardless of their sex or gender status.  Give us a call at (520) 529-4000 to speak with an experienced attorney for personalized advice and to get answers to questions about LGBTQ estate planning including:

    • Why is LGBTQ estate planning needed?
    • What should be a part of an LGBTQ estate plan?
    • How can a Tucson LGBTQ estate planning lawyer help?

    Why is LGBTQ Estate Planning Needed? 

    Whether you are married or single, you need an estate plan to protect your future and your family. Your plan, like any plan of any person regardless of gender or sexuality, should address end-of-life issues; care of minor children after the death of the parents; retirement planning and asset protection; and legacy planning.

    For LGBTQ individuals, however, your planning process may become more complicated both because of a history of laws that failed to recognize gay rights as well as because of continued discrimination.

    Situations where estate plan is most pressing include circumstances where any close family members are not supportive of your sexuality or gender identity. If you have unsupportive family members, issues could arise where a will is contested when you leave money to your partner or where your family members try to memorialize you with your birth gender instead of your true gender if you are transgender. You must make certain that you have worked with an estate plan lawyer to take control over what will happen to your assets and how you will be remembered.

    Whether you are married or single, you may also have additional issues to consider as well. For example, if you are raising children with a partner and the children have not been formally adopted, then the nonbiological parent could be at risk of losing custody if the biological parent passes away. You need to make certain that appropriate plans for the guardianship of the child are made so this does not happen. 

    What Should be part of an LGBTQ Estate Plan? 

    Your estate plan should be comprehensive enough to address the issues that can arise at the end of your life and after your death. Your plan may also include things you would not necessarily think of. For example, elder law and estate planning attorneys can help you with retirement planning, which may be important if you don’t yet qualify for Social Security on your spouse’s work record because your marriage was only recently recognized by the federal government.

    An experienced attorney can assist you in identifying all of the different goals you should try to accomplish during your estate planning process and can help you to identify the right legal tools to use. This could include trusts; a last will and testament; a guardianship plan for your children; pre-planning your funeral; creating a power of attorney; and more. 

    How can a Tucson LGBTQ Estate Planning Lawyer Help?   

    Kinghorn Law can provide comprehensive assistance with LGBTQ estate planning. Our legal team helps people who are single and people who are married to make the plans they need to achieve security and peace of mind. With our assistance, you can take full advantage of legal tools that protect your future. Give us a call at (520) 529-4000 or contact us online to find out more.

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    In this day and age it is very rewarding and comforting to make a major decision for the long-term security of your family. Over 14 years ago we decided upon the Kinghorn Heritage Family to create our family trust. Through the years it became very evident that this decision was a major and necessary step for a secure future in an ever-changing legal climate. The Kinghorn Family has been a close friend that has always been there to serve our family.

    Gary and Velma T. Client Review September 8, 2020

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    Thank you Allison and Kinghorn Law family for everything you have done to make our end-of-life decisions a reality and stress free. When we think of Kinghorn: trust, peace of mind, professional. Outstanding Law Firm!

    Ken and Cheryl V. Client Review September 8, 2020

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    Robert and Britt O. Client Review September 8, 2020

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    Asset protection is one of the key steps you need to take when making financial plans.  No matter how hard you work for your money, you are not financially secure unless you have made plans to protect your wealth and property. Life can turn on a dime because of tragedies, leaving you without all you have worked for. Kinghorn Law can help to make sure this does not happen. Our legal team will work with you to identify the most likely sources of loss you face and will guide you through the process of protecting your assets so your wealth and legacy are secure. Give us a call at (520) 529-4000 today to talk with a Tucson asset protection lawyer about creating your personalized plan and to get answers to questions you have about asset protection including:
    • Why is asset protection important?
    • What is involved in protecting assets?
    • How can Tucson asset protection lawyer help me?

    Why is Asset Protection Important?

    Life is full of the potential for loss, and no one lives their whole life with perfect luck. When you work hard to earn a nest egg, you should not count on fate to keep your wealth safe. Just as you made smart and strategic decisions in building your wealth, you must also make smart and strategic decisions in protecting it. The specific risks that are most likely to lead to loss are going to vary depending upon the specifics of your career, health, personal situation, and family.  Some of the most common possible sources of loss could include:
    • Being sued. You could be sued because someone hurts themselves on your property; because you or your kids get into a car accident; because your dog bites someone; or for a variety of other reasons. If you lose a judgement that exceeds the value of your insurance policy covering the liability for that specific loss, your personal assets are in jeopardy if the plaintiff comes after you to collect.
    • Business problems. If you own your own business and the company isn't structured to shield you from liability, you could face substantial personal financial risks due to issues with your business organization. You could find yourself personally on the hook for company debt, lawsuits against your company, and bad decisions made by co-owners.
    • Incapacity or disability. A disabling condition, including both illnesses and injuries, could shatter your financial security in many ways. Your assets could be left unmanaged and you could face high costs of nursing home care that quickly deplete your nest egg.
    • Losses after death: You don't just want to preserve your wealth during your life. You also want it to be there to provide for your loved ones after you are gone. Unfortunately, estate tax, irresponsible heirs, and a host of other potential problems could arise during and after the process of transferring assets to new owners after you have passed away.
    These are some of the most likely sources of potential losses, but you may also have other risks that arise due to your personal situation.  A Tucson asset protection lawyer can carefully review with you the potential risks you face and can provide you with guidance in securing your assets.  

    What is Involved in Protecting Assets?

    Protecting your assets involves using legal tools designed to shield you from losses. Some of the different options that are worth considering could include:
    • Incorporating your business or forming a limited liability company (LLC): Both options would limit losses to the amount of money you have personally invested in a business, unless you fail to follow the rules for maintaining the separate identity of a corporation or for acting within the scope of your business authority.
    • Trusts: Trusts are a versatile asset protection tool that can be used to protect against everything from estate tax to a delay in assets transferring that causes mismanagement and reduces asset value. Trusts can also help you to qualify for Medicaid without having to give up the financial resources that normally make you ineligible for Medicaid coverage. This is important since you may be unable to get anyone to pay for nursing home care other than Medicaid. If you need nursing home care, no one will pay, and you don't have Medicaid, you would be forced to pay out of pocket.
    • Buying insurance coverage. An asset protection  lawyer can help you to make certain you are fully insured.
    These are just a few of the many tools used for asset protection. You need someone who knows how to choose the right approach and put together a comprehensive, detailed plan aimed at protecting the maximum value of your wealth.

    How can a Tucson Asset Protection Lawyer Help Me? 

    A Tucson asset protection lawyer can provide assistance with asset protection so you can be confident of your financial security when you have worked hard to grow your assets. Let Kinghorn Law help you to keep your wealth safe for yourself and future generations. Give us a call at (520) 529-4000 or contact us online  to find out more.  

    Chandler V. Client Review September 8, 2020

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    Estate Planning attorneys are sometimes criticized for offering needlessly complex, 'canned' solutions. This never has been the case with Kevin. The documents he created were comprehensive when appropriate and surprisingly simple when suitable. In every case, they were individually crafted to meet our unique needs.

    Rich D. Client Review September 8, 2020

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