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One of the most common, and misguided, beliefs is that the Human Rights Campaign only takes money out of North Carolina. As a member of the Board of Governors for HRC, I am often confronted with this. Nothing could be further from the truth. As we’ve seen in recent months, HRC has been devoting a lot of time and resources to our state.

Direct download: Firm_Launches_EZNCWills.com.mp3
Category:general -- posted at: 5:42 PM

This month, we are proud to announce the addition of an online domestic partner life and estate planning education system that is free for North Carolina residents. Too often, we have found that people get conflicting advice, the wrong advice, or simply shut their personal research down because they don’t know where to start. With the launch of www.RaleighDomesticPartnerPlanning.com and www.AshevilleDomesticPartnerPlanning.com, residents in both locales can download a free audio program on the basics of domestic partner planning and receive several follow-up e-mails that focus on particularly important topics.

Direct download: Partner_Planning_Websites_Launched.mp3
Category:general -- posted at: 12:15 PM

As a heterosexual attorney, a Christian, a businessman, and a citizen, this anti-marriage amendment is a bad idea for North Carolina, and, even though the amendment will not hinder any relationships between husbands and wives, I would like to explain why straight couples should vote against the amendment. My hope is that married couples, partners, and individuals will ALL vote against this amendment on May 8, 2012, regardless of their personal feelings on same-gender marriage. In fact, people who may initially support the idea of banning same-sex marriage in the constitution on religious grounds should be the most vehemently opposed to the amendment.

Direct download: The_Anti-Marriage_Amendment.mp3
Category:general -- posted at: 10:38 PM

History comes down to moments in time, often when horrible things happen. And in those times, heroes can emerge. Sometimes they come forth in reaction to horrible tragedies when nature comes crashing down and people need to be rescued from floods or fire. Sometimes there are horrible attacks like Pearl Harbor and 9/11, and heroes rush into burning buildings to help get people out. And sometimes it is more subtle than that. Sometimes it comes down to a loud minority of people trying to destroy the equal rights of people they don’t like.

Direct download: A_Call_to_Action.mp3
Category:general -- posted at: 6:27 PM

Last week I had the opportunity to both present and learn at The Estate Plan’s annual Advanced Institute, and this year it was held in Nashville, Tennessee. While there are always huge opportunities to learn about cutting edge estate and tax planning issues, we were fortunate enough to arrive early and do a few non-work things.

Direct download: TEP_Advanced_Institute_RLT.mp3
Category:general -- posted at: 1:17 PM

There are numerous misconceptions in life and estate planning, but some are more widespread than others. Recently, I’ve come across a few that some attorneys have reportedly gotten wrong, much to their client’s eventual harm. Here are four of the biggest ones out there. And for the regulars, while this might seem basic, if attorneys are getting some of these wrong, then it’s time to go over the basics again.

Direct download: Mythconceptions.mp3
Category:general -- posted at: 1:28 PM

I was as thrilled as anyone to see the legislative victory guaranteeing marriage equality for same-sex couples in New York. There have been several other states that have come to marriage equality through court interpretations of their state constitutions. While we can still count these court cases as victories and can chalk up another state for equality, the victory is always a little sweeter when the elected representatives affirmatively vote for equality. Yes, New York is a great victory and it will probably change the nature of the national debate a little, the fact is New York has already had effective marriage equality rights for a few years now.

Direct download: NY_Enacts_Marriage_Equality_if_Not_New_Rights.mp3
Category:general -- posted at: 9:30 AM

I have been getting a lot of questions lately from clients and financial advisors about what a “trust under will” does and how some clients areneficiary. And because the account pays directly into this trust, we are told “there is no probate.”

Wow! That’s fantastic! So you can avoid probate and not have to create a revocable living trust? That’s so much less expensive! Unfortunately, half truths are often worse than outright lies, and when an attorney tells a client that a trust  being told by other attorneys that it is a way to avoid probate. Basically, a trust under will is a trust that becomes active after death, and the terms of the trust are spelled out in the Last Will and Testament, such as inheritance age limits. These testamentary trusts will even have a proper name, and now financial accounts and life insurance can list the proper name of the “trust under will” as the beunder will avoids probate, they’re giving a half truth. 

Direct download: The_Trust_Under_Will_Scam.mp3
Category:general -- posted at: 1:24 PM

An interview of basic financial concepts with Arlene Tharrington of MassMutual Financial Group. A look at some of the basics of partner and individual financial planning, including types of investments, diversification, avoiding unnecessary taxes, and creating a debt reduction and asset growth strategies.

Direct download: Financial_Planning_for_Partners--Special_Edition_May_2011.mp3
Category:general -- posted at: 11:46 PM

Bill Doe and his wife had come into the office with a few dollar figures in his mind so he could qualify his wife Marge for Medicaid. Bill had gone through all of the financial statements, tax records, and pay stubs, wrote down a few totals, and then he arrived promptly for his appointment. We had asked Bill to bring the statements and records for him and his wife, but Bill didn’t want to “show his cards” to anyone. When I asked for the records he told me their combined net worth was $752,000 and their combined income was $4,520 per month. “You don’t need to know anything else” he told me, sitting back in his chair, crossing his arms, and looking at me as if I were his opponent in a poker game.

“Actually, Bill, I do need to know because Medicaid will be asking,” I said. “It matters just as much what you have as it does for the amounts you have.”

Bill didn’t stick around, and instead left rather than tell me what assets comprised his and his wife’s net worth. About a year and a half later, a colleague asked for my help in reviewing a Medicaid case, and, as it happened, it was Bill Doe. The situation was much more pressing since Marge was now in a nursing home. As I started to review the numbers given to me by my colleague, I noticed the net worth was now down to just over $580,000. Fortunately, there were solutions to help now that we had the correct financial information. Unfortunately, about $170,000 had already been spent down, largely for services Medicaid would have covered.

Direct download: Facts_and_Myths_on_Medicaid_II.mp3
Category:general -- posted at: 2:08 PM

Unfortunately it happens too often. About a week ago, someone called our office about having some estate planning done for him and his partner, and he had heard about how our firm has a concentration in helping domestic partners with their plans. He told us he was impressed with our involvement in the Human Rights Campaign and that I lead the National Institute for Domestic Partner Estate Planning, and that he really needed our help to get documents in place for him and his partner. He also said that they had talked about planning for years, but didn’t call until now, but things needed to be done right away.

That was when we asked why it needed to be done right away...

Direct download: No_Perfect_Time_for_Estate_Planning.mp3
Category:general -- posted at: 12:25 PM

It's extremely easy for me as the attorney to recommend how assets should be retitled or beneficiaries changed on accounts so they work with a revocable trust to avoid probate. All real estate, bank accounts, brokerage accounts, mutual funds, and even life insurance should be retitled in the name of the trust. Beneficiaries on life insurance policies should also be changed to name the revocable living trust as the beneficiary. But retirement accounts are not that easy because there are income tax consequences. Unless there is a specific reason otherwise, spouses will name each other as the primary beneficiary. The contingent beneficiary is where we have to make decisions. And it is shocking how many times this is wrong.

Direct download: Beneficiary_Designations.mp3
Category:general -- posted at: 1:01 PM

I have started to see a growing need for long term care planning among my clients and especially among their parents. There also appears to be a shortage of professionals to help shelter family assets in the right way and still qualify for Medicaid assistance. Many families are going broke in order to qualify a family member for Medicaid because that is what they are advised to do in a “Medicaid Spend Down.” In looking at this problem, I have found there are legal and financial planning solutions that can shelter some, or even most, of the family’s assets. While there are some powerful techniques that work whether someone is a few years or a few weeks away from needing nursing home care, more time means more assets that can be sheltered. But the first step is finding out what can be done.

Direct download: Medicaid_Facts_and_Myths_Part_1.mp3
Category:general -- posted at: 3:07 PM

 

The Human Rights Campaign and state equality groups, legislators and protestors, and businesses and individuals have struggled to build a country of equality that includes members of the LGBT community. But constructing this home big enough to include all of us has taken a lot of time. And like the Winchester House, every twisting and turning staircase can lead to dead ends, locked doors, and enough construction that it seems the work will never end. Court decisions, legislative edicts, and lobbying at all levels of government have become the foundation of this huge house we are building. What seems to be lost in constructing protests, electing equality architects to public office, and fighting a homophobic zoning board is that each partner can build their own houses of equality with tools already available to them.

That’s right. No (zoning) laws to be passed. No court cases (against the homeowners association) to be litigated. No constitutions (or permits) to be altered. The tools available right now can help partners build their own shelters of equality… immediately.

 

Direct download: The_Equality_Toolbox.mp3
Category:general -- posted at: 5:28 PM

It is probably an oversight by attorneys, or simply trying to make things easier, that leads so many people to not fully understand what nominating people to serve as guardians for minor children means. This leads to a lot of needless confusion when not explained ahead of time, but it also can present planning opportunities that clients may not have considered before. Yes, a nomination of guardianship form or guardianship provisions in a Will are clear, but how these wishes are approached are not always clear to the clients.

 

Direct download: Rainbow_Legal_Talk_3.1.2011.mp3
Category:general -- posted at: 3:52 PM

(Third story in podcast)

This past week, our law firm was extremely honored to find out that we will be receiving the City of Raleigh Human Relations Business Award for our work helping the LGBT community and other groups traditionally ignored by many law firms. It was noted in the materials presented to Raleigh’s Human Relations Council that our firm has focused on helping Domestic Partners achieve their partner protection planning goals for almost 15 years, and that Jeffrey and Kathleen Marsocci are the first straight couple to be co-chairs of a Human Right’s Campaign’s statewide Gala dinner. (The Dinner will be the evening of Saturday, February 26, 2011, and tickets are available at www.hrccarolinas.org.)

The nomination statement read: “The Law Offices of Jeffrey G. Marsocci, PLLC has consistently provided both legal and volunteer services without regard to age, race, religion, nationality, gender, gender identity, or sexual orientation for nearly 15 years. When other firms have declined to help member of the LGBT community, or even been rude and dismissive at the suggestion of helping the LGBT community with legal needs, we have been there. When other firms have passed on helping people with their estate planning needs because they didn’t have a lot of money, we stepped in with low-cost trust packages and free consultations. And while other firms delegate community service projects to young associates, the senior attorney at our firm has been an active participant, often leading projects himself. Whether it is spending 8 hours making pancakes for the Raleigh Kiwanis Club to fund shoes and Christmas presents for the foster children of Wake County, supporting the Alliance of AIDS Services Carolinas through sponsorship of and volunteering at Drag Bingo, distributing literature at NC Pride for the Human Rights Campaign, or Jeffrey and Kathleen Marsocci being 2 of the 3 co-chairs for the HRC Gala Dinner, our law firm is committed to helping the people others refuse to.”

 


 

This month, we are highlighting The National Institute for Domestic Partner Estate Planning and the upcoming training session on May 2-3, 2011, at a location near Raleigh, North Carolina to be announced. The National Institute for Domestic Partner Estate Planning develops effective life and estate planning techniques for domestic partners, creates legal tools and financial strategies to implement them, and then trains attorneys, accountants and financial advisors in utilizing these tools and strategies for their clients. By utilizing private, legal documents, most couples can duplicate or exceed the rights married couples obtain by signing a marriage certificate.

 

Direct download: Rainbow_Legal_Talk_1.3.2011.mp3
Category:general -- posted at: 2:14 PM

 

The Political Committee for the Human Rights Campaign NC Gala Dinner is seeking volunteers to help with a mailing and phone calls. On January 11. 2011 starting at 5:30 pm, volunteers will meet at The Law Offices of Jeffrey G. Marsocci to fold invitation letters as well as stuff and address envelopes. One of the greatest boosts a state-level Gala Dinner can have is multiple elected and appointed officials come to the HRC Gala as paid ticketholders. The event will last until at least 8 pm with phone calls but will finish as late as it takes to get the last envelope is sealed.

“There have always been some political figures who attend the HRC Gala dinner in North Carolina every year,” Dinner Co-Chair Jeffrey G. Marsocci said. “But most of the time there are only a few who are mostly from one political party. This year, we are extending invitations to every General Assembly member, every statewide elected official, and Congressional representative, regardless of political affiliation.”

In addition to mailed invitations, the committee also needs assistance with phone calls to encourage these representatives to attend the dinner. Multiple phone lines will be available for people to make calls the night of the volunteer event, but people can make phone calls any time by checking out the Gala dinner’s website and list of invitees at www.facebook.com/hrccarolinas.

“It would be a big boost for the Gala if we could get Governor Bev Perdue to attend the dinner,” Dinner co-chair Kathleen Marsocci said. “If we can convince a conservative senator like Richard Burr to vote in favor of repealing Don’t Ask, Don’t Tell, then we hope to get the Governor to travel a few blocks to attend the Gala Dinner.”

Volunteers can RSVP to help and get directions by calling Mr. Marsocci’s law office at 919-844-7993, or sending an e-mail to Kathy@livingtrustlawfirm.com.

 

Direct download: Political_Committee_Seeks_Volunteers.mp3
Category:general -- posted at: 5:08 PM

 

The recent elections have many in the LGBT community nervous about the prospects of national equality coming any time soon. The Obama administration has promised big but delivered moderate results. Some would even say the results were terrible mainly because there were specific opportunities to force equality, such as the repeal of Don’t Ask, Don’t Tell and partner benefits in the healthcare bill. While legislative and judicial equality may have suffered some setbacks, there are still many opportunities to seize legal control using tools that have been around for years. Most domestic partner couples, when seeking Marriage Equality specifically, want three things:

  • To combine all of their assets as one family unit;
  • For their partner to have control of their healthcare and financial decisions should they become sick; and
  • For their partner to inherit their assets should they pass on

Fortunately, there are legal tools available to domestic partners right now. No waiting on Congress. No waiting on the President. They are available right now.

 

Direct download: Elections_Wont_Affect_Many_Domestic_Partner_Rights.mp3
Category:general -- posted at: 11:13 AM

 

With the pending sunset of the temporary estate tax repeal, married couples are turning their attention to the potential impact on their families and loved ones should they pass on. The estate tax limits plummet to $1 million per person whereas two years ago it was $2 million per person, and last year it was $3.5 million. The number of potential taxable estates jumps dramatically at $ 1 million, the taxable rate jumps to 55%, and this has a lot of families worried. While some members of the LGBT community are also worried, it seems that far fewer domestic partner couples have this as a primary concern when compared to ensuring their partner makes medical decisions if they get sick, that their partner will be able to access their assets for support during a medical crisis, and that their partner inherits (what’s left of) their estate when they pass on. It may be that domestic partners believe that there are no ways to avoid some of these potentially crushing taxes. There are two main estate planning strategies for providing estate tax protection for domestic partner couples—using a Partner AB-SECURE Trust as your main estate planning vehicle and the use of life insurance through an irrevocable life insurance trust.

Direct download: Pending_Estate_Tax_Also_Hits_Partner_Estates.mp3
Category:general -- posted at: 11:03 AM

 

The much anticipated report by the military on the repeal of Don’t Ask, Don’t Tell has been completed, and now it is in Congress. And what should come as no surprise to the thinking people of this country, the results are positive for repealing the ban on openly gay people serving in the military. About seventy percent (70%) of respondents, who include 115,000 service members and 44,200 spouses, don’t care if Don’t Ask, Don’t Tell is repealed and openly gay troops are allowed to serve. But now what does this mean for the repeal of Don’t Ask, Don’t Tell in terms of domestic partner planning? There are several big items, but what it does not mean shows there is a huge need for planning and there is still a long ways to go.

 

Direct download: Rights_Triggered_by_Repeal_of_DADT.mp3
Category:general -- posted at: 3:03 PM

A fictional letter from the IRS, November 2011...

We at the IRS would like to express our deepest condolences on the death of your father in January of this year. As a part of a new program, we are now required to give thanks to the heirs of descendants along with information on how the deceased party and their heirs could have saved on taxes. Of course, this letter is only sent after all opportunities to correct these mistakes have lapsed.

Direct download: The_IRS_Giving_Thanks.mp3
Category:general -- posted at: 5:36 PM

 

While marriage equality in California is once again on hold pending appeal, many of the rights domestic partners associate with marriage remain available through private, legal planning. The right combination of a trust, powers of attorney, and a domestic partnership property agreement can provide partners with rights superior to those provided by a state marriage certificate.

 

Direct download: Podcast_8.19.2010.mp3
Category:podcasts -- posted at: 1:22 PM

A non-legal issue, but still of interest. Leadership in 72 Hours. A condensed workshop as an overview of a weekend-long officer development training program for high school and college students. Emphasis will be placed on Five Aspects of Leadership, strategic planning, and working hard and smart to make dreams come true. Presented by Jeffrey G. Marsocci and Kathleen Marsocci of the LGBT Center of Raleigh.

Direct download: The_National_Gathering--Leadership.mp3
Category:podcasts -- posted at: 8:17 PM

A recording of attorney Jeffrey G. Marsocci, author of Estate Planning for Domestic Partners and other books available on Amazon.com, speaking at the first annual Triangle Black Pride. For more information on life and estate planning for domestic partners, please visit Mr. Marsocci's website at www.livingtrustlawfirm.com

Direct download: Triangle_Black_Pride.mp3
Category:podcasts -- posted at: 12:40 AM

Part 1 of a 2 part program. An interview with Dr. Robert White and Allen Murray, board members of CLOSER in Asheville, NC on religion and the LGBT community. Topics of discussion include the welcoming attitude of some churches versus others, religion versus spirituality, and the religious implications of coming out.

Direct download: CLOSER_Podcast--Part_II.mp3
Category:podcasts -- posted at: 5:32 PM

Part 1 of a 2 part program. An interview with Dr. Robert White and Allen Murray, board members of CLOSER in Asheville, NC on religion and the LGBT community. Topics of discussion include the welcoming attitude of some churches versus others, religion versus spirituality, and the religious implications of coming out.

Direct download: CLOSER_Podcast--Part_I.mp3
Category:podcasts -- posted at: 11:44 AM

The Hidden Death Tax

As we move into 2010, we inherit the much-anticipated repeal of the estate tax for one year—the repeal that had a lot of people joking that 2010 would be the best year to pass on if you had to. It also had the effect in some circles of saying the repeal of the estate tax was an equalizer between married couples and unmarried couples since married couples did not have to pay any estate taxes, regardless of the size of the estate, when the first spouse passed on. However, on January 1, 2011, the law that gave us the repeal of the so-called death tax sunsets and we are left with the tax rules in place prior to 2001 that provided a $1 million estate tax credit per person. But are we really better off without the estate tax? Should we heed the calls to “make the repeal of the death tax permanent”? Most importantly, is the elimination of the estate tax really a "great equalizer" for domestic partner couples?

Direct download: The_Hidden_Death_Tax.mp3
Category:podcasts -- posted at: 4:23 PM

Whether you are buying a home, thinking of buying a home, or simply want more information, then please listen to the professionals with answers. In this recording of a presentation of SeminarWorks for Triangle Community Works, we heard from:

  • Jeffrey G. Marsocci, partner protection planning attorney and author of Estate Planning for Domestic Partners: The Legal Secrets You Need to Know to Protect Your Partner and Your Future
  • Tim McBrayer, realtor for Coldwell Banker Howard Perry and Walston
  • Tammi Rowe, mortgage planner with Integrity Mortgage
  • Damon Yudichak, CPA—Certified Public Accountant
  • Kathleen Marsocci, agent for homeowner’s insurance with Allstate Insurance

 Before you change title to your home as joint with a right of survivorship and before you sign a mortgage, you need to get the facts. For more information, please visit Triangle Community Works on the web at www.tcworks.org.

Direct download: SeminarWorks_October_2009--Owning_a_Home_Together.mp3
Category:podcasts -- posted at: 3:40 PM

Jeffrey G. Marsocci speaks to the church-based community group CLOSER about the state of same-sex marriage, typical domestic partner goals, folk remedies that do not work, and effective alternatives to gay marriage. For more information, please order the book “The Gay Marriage Alternative” at Amazon.com.
Direct download: Closer--September_22_2009-5.mp3
Category:podcasts -- posted at: 7:43 AM

Jeffrey G. Marsocci speaks to the church-based community group CLOSER about the state of same-sex marriage, typical domestic partner goals, folk remedies that do not work, and effective alternatives to gay marriage. For more information, please order the book “The Gay Marriage Alternative” at Amazon.com.

Direct download: Closer--September_22_2009-4.mp3
Category:podcasts -- posted at: 7:42 AM

Jeffrey G. Marsocci speaks to the church-based community group CLOSER about the state of same-sex marriage, typical domestic partner goals, folk remedies that do not work, and effective alternatives to gay marriage. For more information, please order the book “The Gay Marriage Alternative” at Amazon.com.

Direct download: Closer--September_22_2009-3.mp3
Category:podcasts -- posted at: 7:41 AM

Jeffrey G. Marsocci speaks to the church-based community group CLOSER about the state of same-sex marriage, typical domestic partner goals, folk remedies that do not work, and effective alternatives to gay marriage. For more information, please order the book “The Gay Marriage Alternative” at Amazon.com.

Direct download: Closer--September_22_2009-2.mp3
Category:podcasts -- posted at: 7:40 AM

Jeffrey G. Marsocci speaks to the church-based community group CLOSER about the state of same-sex marriage, typical domestic partner goals, folk remedies that do not work, and effective alternatives to gay marriage. For more information, please order the book “The Gay Marriage Alternative” at Amazon.com.

Direct download: Closer--September_22_2009-1.mp3
Category:podcasts -- posted at: 8:10 PM

A six part series on the pitfalls of faulty domestic partner protection planning. For more information on effective planning, please download the free e-book The Gay Marriage Alternative at www.gaymarriagealternative.com.
Direct download: Pitfall_5--Using_the_wrong_attorney.mp3
Category:podcasts -- posted at: 7:59 PM

A six part series on the pitfalls of faulty domestic partner protection planning. For more information on effective planning, please download the free e-book The Gay Marriage Alternative at www.gaymarriagealternative.com.
Direct download: Pitfall_4--Do_it_yourself_estate_planning.mp3
Category:podcasts -- posted at: 8:59 PM

A six part series on the pitfalls of faulty domestic partner protection planning. For more information on effective planning, please download the free e-book The Gay Marriage Alternative at www.gaymarriagealternative.com.
Direct download: Pitfall_3--Using_LLCs.mp3
Category:podcasts -- posted at: 11:19 AM

A six part series on the pitfalls of faulty domestic partner protection planning. For more information on effective planning, please download the free e-book The Gay Marriage Alternative at www.gaymarriagealternative.com.
Direct download: Pitfall_2--Last_Will_and_Testament.mp3
Category:podcasts -- posted at: 11:52 AM

A six part series on the pitfalls of faulty domestic partner protection planning. For more information on effective planning, please download the free e-book The Gay Marriage Alternative at www.gaymarriagealternative.com.
Direct download: Pitfall_1--Joint_Property.mp3
Category:podcasts -- posted at: 10:59 AM

A six part series on the pitfalls of faulty domestic partner protection planning. For more information on effective planning, please download the free e-book The Gay Marriage Alternative at www.gaymarriagealternative.com.

Direct download: Introduction.mp3
Category:podcasts -- posted at: 10:49 AM

SeminarWorks is a monthly program of Triangle Community Works, and the May program was an update regarding The LGBT Center of Raleigh.

Direct download: SeminarWorks_May_2009.mp3
Category:podcasts -- posted at: 11:51 PM

While great strides are being made in gay marriage in New England, partners there should not be fooled into believing that getting married means the law will now automatically give them all of the planning results they wish. Far too often, the rights granted with a marriage certificate all far short of expectations. (For more information, download the free e-book at www.gaymarriagealternative.com).
Direct download: New_England_Gay_Marriages_and_Partner_Protection_Planning.mp3
Category:podcasts -- posted at: 12:25 PM

The details are extremely important, and you can’t depend on the law to do exactly what you want. These two truths were highlighted in a recent U.S. Supreme Court case titled Kennedy versus DuPont where a huge but common life and estate planning mistake took center stage. After hearing this, run, don’t walk, to your financial advisor and insurance agent to check out your beneficiary forms. (For a complimentary e-book discussing written plans and other partner protection planning issues, please go to www.gaymarriagealternative.com).

Direct download: Beneficiary_Forms.mp3
Category:podcasts -- posted at: 8:03 PM

With the release of Mr. Marsocci’s second book on partner protection planning, the question most often asked is “why are you doing this?” As part of promoting The Gay Marriage Alternative as a free e-book, Mr. Marsocci wrote a letter to several bloggers with an advance copy, and he discussed just that. (Please go to www.gaymarriagealternative.com to download the free e-book).

Direct download: Partner_Protection_Planning_Efforts.mp3
Category:podcasts -- posted at: 8:45 PM

There are many banks and financial institutions working with domestic partners in retitling their accounts as joint with a right of survivorship to help their clients bring their assets together, provide joint control, and also provide a mechanism for inheritance without probate court entanglements. While laudable partner planning goals, using joint property with a right of survivorship has huge long-term tax consequences that will eventually lead to malpractice claims against the banks.

This is a special edition of Rainbow Legal Talk regarding a general item of interest to the community at large. Dr. Myers is a chiropractor with a practice in Raleigh, North Carolina, presenting on the weight loss system she created. The views of Dr. Myers are not necessarily the views of the narrator or Domestic Partner Publishing, LLC, and we have not been compensated for this presentation in any manner. 
Direct download: Dr._Myers--Presentation.mp3
Category:podcasts -- posted at: 12:30 PM

This is a special podcast of Rainbow Legal Talk. This particular edition is part of the SeminarWorks program of Triangle Community Works, and it features Terah Crews, the director of the ASPYN (A Safer Place Youth Network) program. Triangle Community Works is a charitable organization focused on providing assistance and information to the LGBT and related communities and their allies, and their programs include SeminarWorks and ASPYN. (www.tcworks.org).
Direct download: The_ASPYN_Program.mp3
Category:podcasts -- posted at: 10:05 AM

As we move firmly into a period of economic bailouts and stimulus packages overlapped with our current tax season, it is important for domestic partners to understand the nuances of certain tax rules. While there is an abundance of simple “solutions” out there that may seem effective, they can do more harm than good and cause more tax grief than limited resources can bear. Having an effective partner plan can go a long way.

Direct download: Planning_Protects_Partners_Pocketbooks_and_Pensions.mp3
Category:podcasts -- posted at: 2:07 PM

A special presentation of SeminarWorks, a program of the 501c3 LGBT information and advocacy organization Triangle Community Works. Hosted by partner protection planning attorney Jeffrey G. Marsocci, this seminar takes a look at the various tax changes that may particularly effect domestic partners, including the gift tax, mortgage interest deductions, and double estate taxation.
Direct download: Domestic_Partners_and_the_Tax_Challenges_They_May_Face.mp3
Category:podcasts -- posted at: 8:23 PM

A special edition extra of Rainbow Legal Talk interviewing insurance professional Mark Brandt on getting the most out of life insurance, including choosing policies that can double as disability insurance and major medical insurance. Not specific to LGBT couples and individuals, but good information nonetheless.
Direct download: Mark_Brandt_Interview.mp3
Category:podcasts -- posted at: 11:53 AM

In an era where gay marriage is not only banned in most states but the concept is vehemently attacked in all 50, committed LGBT couples can only attain the rights associated with marriage through personal legal documents. Even in the states of Massachusetts and Connecticut, many of the main marriage tax breaks are not available. Until then, powers of attorney, revocable living trusts, property agreements, and other legally binding arrangements must take the place of a marriage certificate.

Everyone has New Year’s resolutions. Some want to lose 20 pounds. Some want to take that class at the community college they’ve been talking about for years. Some want to finish the list of home repairs that have been hanging on the fridge for months. Whatever the resolution, this year it will get done. For domestic partners, one of the highest rated but least completed tasks is getting their legal and financial affairs in order.

Direct download: A_Life_and_Estate_Plan_for_the_New_Year.mp3
Category:podcasts -- posted at: 11:13 PM

In the midst of a Democratic electoral landslide, the LGBT community was delivered four crushing defeats in the form of state ballot initiatives. Specifically, the cause of gay marriage was set back by constitutional bans in Arizona, Florida and California, and the cause of families in general was set back in Arkansas by banning unmarried foster are and adoption. Despite the constitutional setbacks, all of the same private, legal solutions to achieve most marriage rights are still open to domestic partners.

Direct download: Democratic_Election_Gains_LGBT_Setbacks.mp3
Category:podcasts -- posted at: 2:46 PM

While the term “funding” seems to apply more to bank bailouts and wars, it also applies to making sure all of your assets are set up to properly work with your revocable living trust. One of the prime selling points of revocable living trusts is that all assets for both partners (or any other couple) avoid the costly and time-consuming probate court process. But in order for a revocable living trust to avoid probate, all land, accounts, and other assets are either owned directly by the trust or have the “transfer upon death” or “pay upon death” designations list the trust as a beneficiary. Not all assets are handled the same way, but they must be handled properly.

Direct download: Funding_a_Trust.mp3
Category:podcasts -- posted at: 7:52 PM


Direct download: The_California_Supreme_Court_Decision.mp3
Category:podcasts -- posted at: 7:52 PM

As banks and other financial institutions churn out fine print changes to account agreements, it is important to ask if your power of attorney documents are compatible. While financial power of attorney documents may be perfectly legal, financial institutions may still be able to legally reject it because the terms do not comply with “their preferred language.” Are you and your partner still protected?
Direct download: Powers_of_Attorney-Not_So_Powerful_Anymore.mp3
Category:podcasts -- posted at: 7:18 PM

One of the greatest income tax benefits “bestowed” on people by the government is the ability to fund retirement accounts and deduct the contributions from their income tax. One of the biggest tax burdens falls upon these retirement accounts when the owner passes on, with all of the amounts in the retirement accounts counted as income to the beneficiary. But there are now legal steps partners can take to cut income taxes on these accounts and allow the accounts to grow to astronomical amounts tax deferred… provided they take those steps. (Originally appearing as a column in Out in Asheville, 2008.)
Direct download: Avoiding_Costly_Partner_Retirement_Account_Mistakes.mp3
Category:podcasts -- posted at: 7:11 PM

In the wake of the California Supreme Court decision, the media seems to think that national gay marriage is just around the corner. But is it? And if so, how would it affect domestic partners living in North Carolina? Attorney Jeffrey G. Marsocci comments on the court decision, its impact, and why legal planning to protect your partner is still needed as much as ever.
Category:podcasts -- posted at: 3:19 PM





Dr. Marion Somers, a nationally recognized geriatric care manager and author of "Elder Care Made Easier" sat down with Jeffrey Marsocci to discuss the unique issues that face an aging gay and lesbian population.

From http://www.drmarion.com:
Doctor Marion graduated with a B.A. with honors from City College in New York, an M.S. in Recreation Therapy from Lehman College (CUNY) in New York, and a Ph. D. in Human and Organizational Development with Specialization in Gerontology, Retirement, and Special Populations from the Fielding Institute in Santa Barbara, CA. She is trained as a New York State Nursing Home Administrator. Doctor Marion created and was the Director of the Professional Geriatric Care Management Certificate Program at Hunter College's Brookdale Center on Aging.
Direct download: Dr._Marion_roundtable_discussion.wav
Category:podcasts -- posted at: 6:28 PM

Eight states voted to ban same-sex marriage - but what does that mean? Not all legislation is created equally. Some of these states have left open the possibility of civil unions to be recognized in the future.

In other states, these amendments go further, defining what marriage is -- and isn't. Do they overrule partnership agreements or other private planning? Will these bans affect domestic partner benefits?

North Carolina attorney Jeffrey Marsocci weighs the differences in this new legislation and its implications nationwide. Later, he outlines how domestic partners can find legal protection with life and estate planning.
Direct download: Podcast_1.6-Elections.mp3
Category:podcasts -- posted at: 3:40 PM

Attorney Jeffrey Marsocci discusses a growing legal misunderstanding among domestic partners looking to protect their assets: Limited Liability Company (LLC) vs. Revocable Living Trust (RLT). Which better protects you and your partner? How does one differ from the other? Should Limited Liability Companies be used in life and estate planning? What are the tax implications?

Using easy-to-understand concepts for seemingly dry material, Jeffrey Marsocci explains how to get the most out of your estate planning so you can relax and enjoy your life!
Direct download: Podcast_1.5.mp3
Category:podcasts -- posted at: 4:02 PM

So you have a Revocable Living Trust -- now what? You must place assets in the trust for it to work!

Attorney Jeffrey Marsocci describes different ways to utilize your trust in order to protect your home and your accounts. What do you do with your car? Your home? That 401K from your first job? Your kid's college fund?
Different assets have different options -- not to mention different taxation issues. Get a grasp of these issues and more in this podcast!
Direct download: Podcast_1.4_Funding_Your_Trust.mp3
Category:podcasts -- posted at: 3:13 PM

In this podcast, attorney Jeffrey Marsocci introduces you to the basics of investing, as well as some of the pitfalls facing domestic partners who would like to invest together. The Financial Power of Attorney document is  explained as a useful tool for domestic partners.

Later, Financial Planner Darron Stover stops by to discuss Socially Responsible investment strategies that can put your money where your ethics are. For more information on Socially Responsible investing, visit www.darronstover.com . Wrapping up the show, Jeffrey will answer some listener questions. For comments or questions, please email us at comments@rainbowlegaltalk.com or visit our website at www.rainbowlegaltalk.com .
Direct download: 1.3.mp3
Category:podcasts -- posted at: 4:01 PM

Why hire an attorney at all? How do you determine which attorney is best suited to your situation? What about legal fees? Would a gay attorney better understand the legal challenges of domestic partnerships? Attorney Jeffrey Marsocci answers these questions and more.
Direct download: 1.2.mp3
Category:podcasts -- posted at: 4:25 PM

This podcast details the Basics of Estate Planning that Domestic Partners and other unmarried couples need to consider. Jeffrey G. Marsocci is the senior attorney at The Law Offices of Jeffrey G. Marsocci, PLLC, an estate planning law firm focused on providing privacy, security and peace of mind to their clients for more than a decade.
Direct download: Podcast_1.1.mp3
Category:podcasts -- posted at: 6:06 PM