Preventing Disasters: Estate Planning for Older, Unmarried LGBTQ Couples in Illinois

Produced on: June 04, 2018

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 60 minutes
Difficulty Intermediate

In addition to ushering in new laws, the marriage equality push over the last decade provided an opportunity for researchers to investigate the issues confronting older LGBTQ couples who remain unmarried. The reports and case law emerging from this research yielded a resounding conclusion: the vulnerability inherent in being a member of the LGBTQ community who is growing old means that marriage is a more important construct for older LGBTQ couples than older straight couples. Without proper estate planning, the net effect of this vulnerability can be disastrous economically, emotionally, and physically for not only the couple, but also any non-blood-related loved ones. Thus, it is incumbent upon estate planning attorneys representing the LGBTQ community to seek to provide the maximum protections that legal instruments, services, and creative problem-solving can offer.

This program, taught Max Elliott, will cover these critical and life-altering estate planning issues for LGBTQ couples in Illinois. Ms. Elliott is principal and founder of the Chicago-based firm, The Law Offices of Max Elliott. Her firm practices estate planning and wealth preservation for the LGBTQ community, women, and small business owners. She is a member of the Chicago Bar Association Trust Law Executive Committee, the U.S. Trust Center of Influence on Estate Planning, and an American Bar Foundation Fellow. Max has also presented several times to bar association and community groups on estate planning topics such as marriage equality, and the intersection of retirement and estate planning.


Learning Objectives:

  1. Review marriage equality jurisprudence and the landscape of legal protections afforded by marriage, including the qualitative and quantitative benefits
  2. Become familiar with issues affecting older couples, such as elder abuse and exploitation, and how it manifests inside and outside the couples’ residence
  3. Distinguish between estate planning and elder law, and understand how the changing legal needs of older couples determine their legal needs
  4. Identify estate planning instruments, provisions, and operations of law that can support protections needed by older, unmarried, LGBTQ couples and the loved ones that provide them support


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

$59

$ 59 Family & Matrimonial Law In Stock

Accreditation

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