Morrison Legal
Seattle, Washington
(206) 587-3737
People are often not aware that the legislature has already written a will for them. If you wish to distribute your assets and make decisions according to your own intentions, you must write your own will. This is particularly important for gay and lesbian people, given that current laws distribute everything in an estate only to biological family members, unless a will has been put into place. If you have registered as domestic partners with the State of Washington some of your assets may pass to your partner under state law without a will but it could be unclear exactly which assets will pass to him or her and you are always better off to have a will so that your wishes are clear.
Rob Morrison will begin by working closely with you to help you understand the scope and breadth of documents necessary to identify and preserve your estate. After determining your options, he will produce four to five documents that outline your decisions in the following matters:
1. Assets:
This document itemizes where your assets will go upon your death and appoints a guardian for any minor children, either in the form of a Will, or an "Revocable Living Trust," which sets up a trust fund that avoids probate and protects beneficiaries.
2. Durable Power of Attorney:
This document identifies the individual(s) who will take care of your finances if you are not able to do so yourself.
3. Health Care Power of Attorney:
This document appoints an individual who will make health care decisions for you if you are unable to make them yourself.
4. Health Care Directive:
This document represents your statement to the world that you don't want to be kept alive by artificial means, if you are in a vegetative state.
Trusts are an excellent way to avoid the cost and difficulties of probate, as they allow any property you transfer into a trust during your life to go directly to trust beneficiaries upon your death, without court involvement. Rob Morrison's knowledge in this area enables him to assist individuals in determining the following Trust matters:
If you are in an unmarried gay or straight relationship, and have been living with your partner for at least a few years, and/or if you have begun to "blend" your finances in any form, it would be wise to consider creating a domestic partnership/joint property agreement that establishes clean, comfortable boundaries while protecting both of your rights. If you are a gay couple and have registered as domestic partners with the State of Washington it is still a good idea to have a domestic partnership agreement to clarify the ownership of your assets.
These documents are even more crucial if you are planning to purchase a home or start a business together. In all cases, these Agreements represent a wise legal step to creating a thoughtful, thorough, and legally documented process.
These Agreements represent contracts between two unmarried adults, often a gay or lesbian couple, clarifying their rights and responsibilities to the property that they own, both individually and as a couple. Simply by the fact of being in a unmarried gay or straight relationship, the law recognizes that each individual has certain rights to the other's property. Thus one purpose of this agreement is to override the law in order to have your rights specified exactly as you want them.
Should the two of you choose to go your separate ways, or if you both died at the same time, your remaining survivors (or your estates) could technically "fight each other" to determine what share of the assets should go where. Again, as an unmarried gay or straight couple, Domestic Partnership/Joint Property Agreements allow you to decide these matters in advance, letting you define what was owned for the purposes of each of your estates. If nothing else, this document provides a clear roadmap to follow during an emotionally difficult time.
None of us like thinking about what could happen, should a loved one suddenly become unable to manage their own affairs -- whether from old age, an auto accident, or even a minor with a disability. Establishing Legal Guardianship affords a sense of peace in knowing that people have been carefully chosen and legally appointed to oversee the person's welfare, should such an unfortunate incident occur.
Rob Morrison can help you document this decision in a timely manner, and is available to answer any questions relating to this type of decision. Specifically, he is available to assist clients with the following:
Before adopting a child, there is a series of documents that must be filed in proper procedure through the court system in order to establish an individual as a legal parent for a minor. As an adoptive parent himself, Rob Morrison's experience is invaluable in helping his clients understand the process first-hand, and be guided through the legal steps carefully and seamlessly, regardless of what form the adoption may take, including:
Any adoption requires both parents petition the court to become joint parents of the minor -- regardless of whether the parents are married, unmarried, or of the same gender.
When you wish to grant adoption rights to a new spouse or partner for a child from a previous relationship, and/or if you are a gay or lesbian couple adopting a child that has been artificially inseminated, Rob can provide the necessary documentation to meet the legal requirements of this decision.
If the international adoption has been coordinated by a third party, additional steps are required to bring the child back through a "re-adoption" process for the waiting parents. Again, Rob has the necessary background and expertise to provide the required documentation and coordinate the process through the court system smoothly.
Upon a person's death, their estate must be settled. If the assets are personal property only (non real-estate) under $100,000 in value, it is possible to settle the estate without a form of probate. However if the estate contains real estate and/or personal property valued in excess of $100,000, Rob Morrison is available to guide you through the complexities of the law at each step of the process.
The process begins by identifying an Executor. If no Executor has been named in the will, Rob will help you go through the court to get an Executor appointed. Once appointed, the Executor is responsible for three jobs:
Sometimes the Executor's role may also involve filing tax returns for state and federal government (and handling any remaining tax debts).
Available Services
Rob is available to work with individuals throughout the entire process, or at selected steps along the way, to help you understand what is required, provide legal counsel, assist with court processes, and review/file documentation as necessary. Specific tasks he is available to perform include:
When one or both individuals in a relationship are unable to give birth to a child under natural circumstances, outside/assisted reproduction is often utilized to bring the joy of a child into the family.
Rob Morrison understands the legal steps necessary to document and confirm the various decisions made in these situations, and can prepare contracts that identify the choices while establishing the legal groundwork for a clear, understandable, and viable contract.
Contracts between a sperm donors and birth mothers clarify the fact that the sperm donor has no legal rights to the child, unless these rights are part of the desired arrangement. The contract further identifies arrangements about visitation (or non-visitation); what happens if the birth mother dies and whether that changes the rights of the sperm donor; the right to name the child; and who assumes control of information that the child receives about the sperm donor and/or birth mother.