"By Jay Greene, Esq. CPA - Protect Your Bay Area Legacy: Estate Planning for LGBTQ+ Immigrants As a non-U.S. LGBTQ+ person with a Castro home or San Francisco tech equity, your property is your legacy. International rules can complicate passing it to loved ones. October is the time to plan, using trusts to keep assets safe and private. Here's how to protect your wishes. Bay Area Property Challenges for LGBTQ+ Non-Citizens Owning property here means navigating U.S. rules tied to your property's location, plus your identity and global ties. Why It Matters Probate typically takes 9-18 months for standard cases but can be 6-9 months for simple estates or over 2 years for complex ones, like disputes or international issues, and for estates over $208,850 (projected April 2025, based on inflation). Fees reduce your home's value. A 2025 $750,000 primary residence break helps, but not rentals. (Thresholds mentioned here are based on projected 2025 law.) Countries without LGBTQ+ protections may ignore your partner, causing disputes."
"Skipping Probate: Trusts Tailored for You A revocable living trust passes property directly to heirs, avoiding court. Why It Matters Trusts protect your chosen family's privacy, unlike public probate. Joint ownership risks issues if your home country doesn't recognize same-sex bonds. Extra court processes here and abroad delay your legacy. Action Steps 1. Set up a trust and transfer your property deed. 2. Use joint ownership only with trusted partners. 3. Align beneficiaries with your trust."
"Action Steps 1. List assets (deeds, values). 2. Check U.S.-home country estate treaties. 3. Consult an LGBTQ+-friendly attorney. Harmonizing Global and Bay Area Rules Create a plan that works across borders while respecting your identity. Why It Matters Some countries reject U.S. trusts, requiring extra steps. Forced heirship laws may exclude your chosen family. Possible visa changes demand protections."
LGBTQ+ non-citizen property owners in the Bay Area face U.S. probate rules plus foreign legal obstacles that can exclude chosen family and reduce home value. Probate timelines range from 6 months to over two years for complex or international estates, and projected 2025 thresholds affect exemptions. Revocable living trusts can transfer property directly to heirs, avoid public probate, and preserve privacy, but some countries may not recognize U.S. trusts or may impose forced heirship rules. Recommended steps include inventorying assets, checking estate treaties, consulting LGBTQ+-friendly counsel, transferring deeds to trusts, and using joint ownership cautiously.
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