LGBT Estate Planning

Maryland Lesbian, Gay, Bisexual
& Transgender Estate Planning

111 South Calvert St, Suite 1400, Baltimore, MD 21202 • 410.783.6349 • info@mdlgbtestateplanning.com

When newspapers reported about the demise of Mark Twain, the American author and humorist quipped that “rumors of my death have been greatly exaggerated.” More than a century later, the same could be said of the federal estate tax, which is effectively defunct for all but the richest Americans.

Under the tax bill signed into law on December 22, 2017, individuals can leave behind more than $11.2 million in wealth without triggering the tax. For them, the “death tax” is dead, at least until the law sunsets in 2026. But even for those of us who aren’t exactly rich, other death taxes may still be due once we are out of the picture. Careful planning can keep them to a minimum.

What did Heath Ledger, Princess Diana, and the singer Prince all have in common? Each of them died with a botched estate plan—or none at all—and they cost their families a fortune in money and grief as a result.

The shock of Heath Ledger’s death from a drug overdose in 2008 was compounded by the discovery that his will left nothing to his only child, Matilda. Heath had prepared his will before Matilda was born, and the Australian actor never updated the document to provide for her.

The implications were heartbreaking. Heath’s father would inherit the entire $16 million estate, but Matilda, who was only 2 at the time, would receive nothing. Then, in a surprising turn of events, Heath’s father decided to give the full estate to Matilda, ensuring that his granddaughter would be well provided for. Heath’s father had no obligation to do this. By updating his will when Matilda was born, Heath could have prevented the uncertainty and legal costs his oversight caused.

In the Victorian era, death was almost fashionable. Funerals were well-attended social events and even rivaled weddings in their splendor and expense. Department stores offered an array of luxury clothing for grieving mothers and widows. Black fabrics were reserved for those in deep mourning. Then shades of gray and mauve were mixed in as one felt able to rejoin society. If death wasn’t celebrated, it was at least taken very seriously.

But then our Victorian cousins were closer to death than we are today. The average person didn’t live to see his 50th birthday, and more than three-quarters of all deaths occurred in children under the age of 5.

Today, people are living longer than ever, and as a consequence, death is considerably less in vogue. Improvements in medical care, diet, and occupational safety have prolonged life, but they have done little to combat the new threats to our existence. The perils of hurricanes, wild fires, and other natural disasters, and the terrors of shootings and random acts of violence, can be sufficient cause to worry about what the future holds.

In times like these, peace of mind comes from taking care to anticipate the things you can. Being prepared for the unexpected means setting aside money for an emergency, having health and life insurance, and even planning for your own disability or death.

Fans of the folk group Peter, Paul & Mary may remember this lyric: “Home is where the heart is, no matter how the heart lives.” Later in her career, Mary Travers’s voice may have aged, but she still sang this message of gay equality with undiminished gusto.

Home is where the heart is, especially for those of us in the LGBT community, who might not fit the traditional definition of family. The most important people in our lives may be bound to us more through emotional connections than legal ones.

Bonds of affection do make a family strong and cohesive, but they may not be enough to sustain it in a crisis. This is especially true for our children. The blending of families through adoption or remarriage can complicate the legal connection between parent and child. Being a loving parent means taking advantage of every benefit the law provides to protect this essential relationship.