You've Got Questions? We've Got Answers.

You can use a software package and will probably end up with a legal will.  What you won’t get in the process, however, is answers to your questions, or a knowledgeable professional to ask you other questions that you may not have thought of. Due to Rob Morrison's 20+ years of working with wills and estates, he is particularly adept at guiding individuals through the process, and will remain available long after you have signed your will in case any questions come up.  Also, if you are at all concerned that your family may contest your will, by working with an attorney you are much more likely to have your will upheld in court.

A will also needs to be supported by three other documents, including a financial power of attorney, a medical power of attorney and a healthcare directive. In some cases we substitute a revocable living trust for a will if there are unusual circumstances.

The first thing to do is to set up an appointment at Rob's office. Before the meeting, please download the questionnaire on Morrison-Legal web site, fill it out and bring it to the first meeting.

The cost of estate planning is primarily dependent on two factors: the complexity of your estate and the complexity of what you want to do with the assets you own. If you have a large estate, there are ways to avoid or reduce taxes which are a bit more complicated; if you have a complex plan for how to dispose of your assets, it takes more time for me to draft your will.

If you have been living together for at least a couple of years, a domestic partnership agreement is recommended. Registering as domestic partners with the state does not replace the need for an agreement. The agreement is a contract between you and your partner that clarifies the ownership of all assets. Without it, there could be a disagreement if you were to go your separate ways or if you both died. With it, you have a roadmap to follow during a very emotionally difficult time.

If the domestic partnership agreement is well drafted, it is a legally binding document and will hold up in court. Keep in mind however that you and your partner need to be represented by different lawyers for it to be enforceable.

That depends on the laws of the state you move to. You would need to talk with a lawyer in the new state to see if the agreement needs to be changed.

Rob Morrison can't advise you one way or the other on that, but he can provide you with the pros and cons:

Pros:

• Limited inheritance rights;
• Obtaining medical information and making decisions for an incapacitated partner;
• Hospital visitation;
• Health insurance rights with the state and certain school districts;
• Title and rights to cemetery plots and rights of interment;
• The ability to authorize dissection and autopsy of deceased partner;
• The right to receive autopsy reports and to request to meet with the coroner to discuss autopsy findings;
• The right to bring a wrongful death action; and
• The right of a surviving domestic partner to be recognized on a death certificate.

Cons:

By registering, you are almost certainly going to require a court order to terminate your registration. This will likely require attorney(s) to help you separate your assets and file the necessary legal documents with the court, in order to terminate your registration. Even if the termination is amicable, it would still require going through the courts. Another important consideration is that if you register as domestic partners the assets you owned prior to your relationship can be divided between you if you split up where if you are not registered as domestic partners your prior assets are not “on the table.”

Additionally, there is some concern in the legal community that problems may result with the interplay of registering as domestic partners and federal law.

There are many choices for adoption. You can work with an agency, work with an attorney in order to find a child, or advertise directly to find a child. While probably more expensive, the advantage of an agency is that they will have given the birth mother counseling to be as sure as possible before the adoption that she won’t change her mind (she cannot change her mind after the adoption is finalized at a court hearing). Rob and his partner had a very good experience using an agency and he would be happy to discuss it with you.

If the adoption is done correctly, there really aren’t any legal issues to be concerned about. You are as much the legal parent and guardian of the child as if the child was biological.

That would be done through an adoption and is commonly called a “step-parent adoption.” It is a fairly easy and quick process and Rob can certainly help you with it.

The most common ways to have assisted reproduction is through sperm banks or male friends.

If you use a friend, it is very important to have a legally binding contract between you and the sperm donor to define the rights and obligations of all the parties. This will help to protect the child and to ease your mind after the child is born. Rob Morrison is familiar with the legal requirements of this situation, and able to provide the guidance and documentation you require.