On Demand Audio

How to Advocate for LGBTQ Families Using Tax and Estate Planning

Produced on June 25, 2020

Taught by
$ 89 Wills, Trusts, & Estates and Civil Rights In Stock
Get started now

$299 / year - Access to this Course and 1,500+ Lawline courses

or

Course Information

Time 62 minutes
Difficulty Intermediate

Course Description

Since the Supreme Court decision establishing marriage equality in Obergefell, many of us believe that LGBTQ families no longer have unusual planning issues. Yet even as Obergefell was made law and the IRS provided tax benefits for lawfully married LGBTQ couples, some states and municipalities have remained hostile toward LGBTQ families, making it difficult for them to really enjoy the benefits that legally accompany marriage equality. And as the current Federal administration has seemingly emboldened opponents of LGBTQ families or, at the very least, refrained from protecting the rights of LGBTQ families, it is important for estate planning attorneys to understand how the benefits derived from the Internal Revenue Code then stream into other government agencies. 

In addition, many LGBTQ partners remain unmarried, and if they are elderly or have children, they are in a heightened state of legal vulnerability. Current legislation such as the SECURE Act speaks to the need for such special care and provisions.

This program, presented by Max Elliott, founder of a Chicago-based firm practicing estate planning and wealth preservation for the LGBTQ community, women, and small business owners, will provide attorneys with the skills to use tax and estate planning to advocate for their LGBTQ clients. In addition to managing the Law Firm of Max Elliott, Ms. Elliott is a member of the Chicago Bar Association Trust Law Executive Committee, Chicago Estate Planning Council, and American Bar Foundation Fellow. She frequently presents on estate planning topics such as marriage equality and the intersection of retirement and estate planning.



Learning Objectives:

  1. Review marriage equality jurisprudence, relevant Internal Revenue Code rulings, and the current national, regional, and municipal landscape affecting legal protections that accompany marriage equality
  2. Become familiar with issues affecting LGBTQ families as a whole, including marital estate deduction and spousal lifetime planning, planning in light of the SECURE ACT, and relief or lack thereof during disasters such as the COVID-19 pandemic
  3. Distinguish between estate, asset protection, and retirement planning and how the various types of planning can support or undermine families goals depending on the interplay
  4. Identify estate planning instruments, provisions, and operations of law that can support protections needed by LGBTQ families regardless of their marital status or composition 

Credit Information

After completing this course, Lawline will report your attendance information to {{ accredMasterState.state.name }}. Please ensure your license number is filled out in your profile to ensure timely reporting. For more information, see our {{ accredMasterState.state.name }} CLE Requirements page . After completing this course, {{ accredMasterState.state.name }} attorneys self-report their attendance and CLE compliance. For more information on how to report your CLE courses, see our {{ accredMasterState.state.name }} CLE Requirements FAQ .

Faculty

Max Elliott

The Law Offices of Max Elliott, Ltd

Max Elliott, Managing Attorney and Founder of The Law Offices of Max Elliott, Ltd., is a licensed, Illinois estate planning, estate administration, and wealth preservation attorney. Her firm, with offices in Chicago and New York City, focuses on unique families and women small business owners, and services include estate planning for taxable and non-taxable estates, estate administration, and advising small businesses in start-up, growth, restructuring, cybersecurity compliance, and succession planning phases.

On behalf of her firm, Ms. Elliott is also General Counsel for the Bernie Mac Foundation, Inc., a private non-profit foundation, and spearheaded the organization’s most recent restructuring. 

Ms. Elliott routinely speaks to lawyers, students, and community groups on the intersection of estate and retirement planning; small business essentials, including legal entity selection, succession planning, generational wealth transfers, and cybersecurity program planning; and fiduciary selection and other protective measures for seniors and the LGBTQ community. 

She is ranked as one of the Top 100 Black Lawyers by the National Black Lawyers organization, a member of the Executive Committee for the Chicago Bar Association’s Trust Law Committee, a 2017-18 Super Lawyers® Rising Star, a Fellow of the American Bar Foundation, a volunteer faculty member for the Illinois Institute for Continuing Legal Education (IICLE), a faculty member for Manhattan, New York-based Lawline that provides online legal CLE for attorneys nationwide, a faculty member of Esquire CLE, a member of the U.S. Trust, Bank of America Center of Influence on estate planning, ranked “Superb” and a recipient of the Top Contributor in Estate Planning Award from Avvo, a lawyer peer ranking site, and a member of the Association of African American Financial Advisors. 

Before launching her practice in 2011, Ms. Elliott was a law clerk in a small tax law firm, assisting the principal in probate, domestic relations, corporate records, and non-profit corporation compliance.

Ms. Elliott graduated from DePaul University College of Law and, while there, Ms. Elliott co-founded, as Co-Editor-In-Chief, the DePaul Journal of Women, Gender and the Law, the first legal journal in Illinois dedicated to women and gender legal issues. She also served for 2 years as Editor of DePaul’s public interest law newsletter, “The Advocate.”

In addition to her legal experience, Ms. Elliott has more than 20 years of non-legal experience, including several years’ employment in the American Bar Association’s International Liaison Office and several years with Fortune 500 companies, including a former “Big 8 Accounting Firm” and a leading international management consulting firm. 

Throughout Ms. Elliott's career, she has also assisted entrepreneurs in creating viable business planning solutions, such as creating and implementing marketing plans, strategic operation plans, securing capital, and business succession. She has worked with start-ups in the personal care, healthcare, small manufacturing, and nonprofit sectors. This experience provides a solid foundation for the business advisory services she provides to small business owners.

Ms. Elliott has received numerous awards, starting in law school and continuing through her legal career, for her commitment to advocating for the rights of marginalized individuals and communities. 

Besides her blog started in 2011, “The Lotus Rules,” (formerly, “The Shark Free Zone”), Ms. Elliott's publications include “Improving Afghanistan Maternal Mortality Rates despite the Lack of the Rule of Law,” International Human Rights Law Institute (IHRLI) Human Rights and Rule of Law Review, Fall 2010; “The Good, the Bad and the Ugly: What the Reversal of U.S. Asylum Law Means to Advocates and Women Asylum Seekers,” The Women's Advocate, Fall 2009; and “Catching Up with International Criminals in the Twenty-First Century: Modifying and Accelerating U.S. Extradition,” White Paper, Library of the International Criminal Tribunal of Rwanda, Spring 2009. Ms. Elliott is also the author of the non-fiction book, “Ms. Thang, Real Knights Don't Show Up at 3 in the Morning,” published by Pocket Books, a Division of Simon & Schuster. 

Presentations

  • Virtual Estate Planning: Digital Currency & Posthumous Children
  • Preventing Disasters: Estate Planning for Older, Unmarried, LGBTQ Couples in Illinois
  • Future Planning: Cryptocurrency, Cryonics & Posthumously Conceived Children
  • Planning Family-Owned Businesses: Avoiding Earthquakes and Landslides while Building Legacies
  • Diversity Matters: In/Tolerance Tales from the Solo/Small Firm Trenches
  • How to Incorporate Estate Planning into Your Offering: The Silver Tsunami, Planning Trends, and Estate Planning Myths
  • Avoiding the ARDC Checkmate: The Ethical Difficulties of Lawyers Functioning in Dual Roles
  • Professional Wills and Advanced Directives for the Solo/Small Firm Practitioner,
  • Working in a Solo Small Firm Practice Environment
  • Estate Planning and Wealth Preservation Considerations
  • The Lottery & Estate Planning for Elders: You Don't Need A Ticket to Win
  • What if I Am Neither: Estate Planning for the Transgender and Queer Community
  • Estate Planning for LGBTQ Couples: Legal Changes in Plain English, Part Deux
  • Estate Planning for LGBTQ Couples: Legal Changes in Plain English
  • Celebrating Black History Month: The Essence of the African American Community and the Law
  • Tax and Estate Planning for Same-Sex Couples
  • The Silver Tsunami: Are You Prepared? (Estate Planning for Baby Boomers & Their Families)
  • Fundamental Estate Planning Documents for Today’s Families
  • Succession Planning for Attorneys
  • Basic Estate Planning Is an Oxymoron
  • Fundamental Estate Planning Documents for Same-Sex Couples
  • Changes in the Estate Planning Landscape in Light of the Illinois Civil Union
  • Basic and Intermediate Estate Planning Fundamentals
  • Marriage Equality, Hot Topics in Family Law,
  • LGBT Employment and Relationship Rights
  • Estate Planning and the Illinois Civil Union

Professional Affiliations

  • Chicago Bar Association
  • Illinois Bar Association
  • American Bar Association

 Volunteer Support

  • Chicago Women’s Health Center
  • Howard Brown Center
  • Marillac-St. Vincent Family Services 
  • Legal Advisory Board of Raise the Floor Alliance,

Education

DePaul University College of Law, International Law

Northwestern University, Political Science, International Relations



Reviews

JB
Joshua B.

Enjoyed the LGBTQ focused seminars that rolled out for Pride month!

Load More