Q-Legal

Q Legal: Navigating our superior court system – Part 1

The vast majority of civil and criminal legal cases are handled by the Superior Court system in California. Each county in the state has a Superior Court, and most counties offer court services in several different locations within the county.

The Court has divisions or departments for civil, criminal, family, probate and juvenile cases.

How the new IRS rule affects all registered domestic partnerships in California

There will be some major changes in tax planning for Registered Domestic Partners (RDP’s) in California this year.

A recent Chief Counsel Advisory (CCA 2010210) issued by the Office of Chief Counsel, Internal Revenue Service, recognizes California as a community property state, and now accepts its treatment of earned income as community property for Registered Domestic Partners. As with opposite sex married couples, RDPs have an automatic right to one-half of each other’s earned income.

Same-sex marriage case: What will the court decide?

Closing arguments were heard two weeks ago in the landmark case challenging California’s Proposition 8 in federal court. A historic decision is expected at any moment. Here is a brief history of the case and what the future holds:

Proposition 8:

In 2008, the California Supreme Court found that the California Constitution gives same-sex couples the same rights to marriage as heterosexual couples, and same-sex marriage was permitted in the state for the first time.

Q Legal: Planning for same-sex partnership in an unequal world

These are exciting times for those of us in the LGBT community. More and more of the legal inequities we suffer are being corrected. Some of the hurdles we’ve had to jump in order to share meaningful lives with our partners
are being removed.

We still have a long way to go to reach true equality, but the past year or two have seen progress on several fronts.

Q Legal: Food for thought - legal tidbits and updates

Gay and lesbian adoptions: Will you be a legal parent?

Statistics from the 2000 U.S. Census, and the Adoption and Foster Care Analysis and Reporting System in 2004, estimated that two million LGBT people are interested in adopting a child. Of an estimated 8 to 10 million children who have a gay or lesbian parent, around 65,500 are adopted. More than 16,000 adopted children are living with lesbian and gay parents in California, the highest number among the states.

QLegal: What’s in a Trust?

In some of my past articles, we talked about how estate planning is important for everyone - from people of the most modest means to those with great wealth. Whatever your assets, you can control them now, in life, and later, after death, with careful planning. You can assure that your partner, spouse or family (even pets!) are protected to the best of your ability when you use the right estate planning tools.

Trusts are the backbone of most estate plans, so let’s review some of the most common types of trusts, and see how they work:

More new LGBT legal protections will make us strong and proud

In the last article, we listed some of the many legislative efforts that are underway to bring equality to the LGBT community. Here are some additional significant actions, and a discussion of some of the ways we all can help:

In California:

Working Toward New LGBT Legal Protections

2010 is bringing more LGBT equality action at the state and federal levels than ever before. There is energy and resolve in the drive for equal rights that won’t be stopped by the anti-gay rhetoric and half-truths of conservative and fundamentalist organizations. Here is an update on some of the new legislation, resolutions and actions that give us hope for the future. We will continue this list, with a more detailed discussion, in our next article.

Federal Actions

Q Money: Maximize Your Tax Advantage

Financially, 2009 was a year many of us were more than happy to leave behind. But amidst partisan finger pointing and bickering over health care reform, Congress managed to pass two significant pieces of legislation that could help improve your finances going forward and possibly even get you a break on your 2009 taxes.

Put legal affairs in order before it's too late

Real-life situations are a good way to introduce some of the many legal issues that face the LGBT community every day. Let’s take a look at how disability can affect us and complicate our affairs; and how careful planning ahead can make a very real difference.