Embracing Inclusivity: Gender Neutral Estate Planning Documents

Choose gender-neutral language when possible.

When drafting your estate planning documents, select gender-neutral terminology wherever feasible. For example, use “they/them” pronouns instead of “he/she” and “spouse/ partner” instead of “husband/wife.”

This will guarantee that your documents are inclusive of all individuals, regardless of their gender identity today or in the future.

Consider a gender-neutral title.

Jay Greene, Esq., CPA

June marks the celebration of Pride Month, a time when the global community commemorates the progress and accomplishments of the LGBTQ+ community. It’s a month of happiness, introspection, and empowerment for many individuals who identify themselves as part of our community.

For lawyers who specialize in estate planning, Pride Month represents an opportunity to ponder the exceptional challenges faced by LGBTQ+ individuals when it comes to estate planning. These challenges can be particularly evident for those who identify as gender non-conforming and non-binary, as they often encounter additional obstacles in navigating a legal system that has traditionally been designed with binary gender norms in mind. Fortunately, there are measures that LGBTQ+ individuals can take to ensure that their estate planning documents reflect their gender identity and safeguard their loved ones.

Here are some suggestions for creating gender-neutral estate planning documents that mirror you and your loved one’s unique identities:

If you’re concerned about the gendered language utilized in traditional estate planning titles, consider using a gender-neutral title like “Personal Representative.” This will ensure that your estate planning documents are consistent with you and your loved one’s gender identity and principles.

Work with an LGBTQ+-friendly attorney.

When choosing an estate planning attorney, make sure to select someone who is well-versed in the unique challenges faced by LGBTQ+ individuals. Look for an attorney who has experience working with gender non-conforming and non-binary clients and who is dedicated to creating inclusive documents that reflect their clients’ and loved one’s identities. Include a statement of intent.

If you’re worried about how your gender identity might be perceived or misinterpreted by family members or others after your death, consider including a statement of intent in your estate planning documents. This statement can clarify your wishes regarding gender-neutral language and other issues related to your gender identity.

Regularly update estate planning documents.

Finally, it’s critical to update your estate planning documents regularly to ensure that they reflect any changes in your or your loved one’s gender identity or other personal cir-

cumstances. Make sure to review your documents periodically with your attorney to ensure that they remain current and effective.

In conclusion, Pride Month is a time to celebrate the diversity and resilience of the LGBTQ+ community. As an estate planning attorney, it’s important to recognize the unique challenges faced by gender non-conforming and non-binary individuals and to take steps to ensure that their estate planning documents reflect their unique identities and protect their loved ones. By working with an LGBTQ+-friendly attorney and using gender-neutral language and titles, individuals can create estate planning documents that reflect their values and protect their legacy for future generations.

If you are looking for help with your own estate planning needs, or would like to discuss how we can help your loved ones with their plans, please feel free to contact us at obed@greenelawfirm.com or call us at 415-905-0215

Statements In Compliance with California Rules of Professional

Conduct: The materials in this article have been prepared by Attorney Jay Greene for educational purposes only and are not legal advice. This information does not create an attorney-client relationship. Individuals should consult with an estate planning and elder law attorney for up-to-date information for their individual plans.

Jay Greene, Attorney, CPA, is the founder of Greene Estate, Probate, & Elder Law Firm based in San Francisco, and is focused on helping LGBT individuals, couples, and families plan for their future, protect their assets, and preserve their wealth. For more information and to schedule an assessment, visit: https://assetprotectionbayarea.com/

San Francisco Bay Times photographer Rink not only has photographed every Pride Parade in San Francisco, but he also photographed even earlier gaythemed gatherings in the city since the late 1960s and inspired Harvey Milk (1930–1978) and his efforts with the annual march/parade in the early to mid 1970s. (About 30 people participated in the initial San Francisco Gay Liberation March on June 27, 1970.)

A decade after Milk’s death, and during the heart of the HIV/AIDS crisis, Rink captured this now-historic photo of ACT UP (AIDS Coalition to Unleash Power) members marching in the 1988 parade, which was then called the International Lesbian & Gay Freedom Day Parade. It was a heated year for ACT UP, which first formed in New York in March 1987 before expanding to San Francisco in 1988 and then to many other cities.

Note that many women actively supported the organization. Individuals such as Bay Times columnist Joanie Juster were among those who helped care for their friends, family members, and colleagues with AIDS at a time when public fear surrounding myths about the virus was still high.

Two years after this photo was taken, ACT UP militant members again took to the streets of San Francisco, this time essentially shutting down entire sections of the city during a week of massive protests as the Sixth International Conference of AIDS was held. Former San Francisco Bay Times journalist Tim Kingston reported on the protests, and later helped host a series of commemorative events about them.