A Woman in Life, But a Man After Death: Protecting the Postmortem Identities of Transgender Individuals

Date

2017

Journal Title

Journal ISSN

Volume Title

Publisher

Estate Planning and Community Property Law Journal

Abstract

This comment will discuss the distinct needs of a transgender client in planning for death. First, this comment will present a background and explanation of important transgender-related terms to promote a comprehensive understanding of the transgender experience. Second, this comment will provide a brief synopsis of the relevant estate planning laws as they currently stand. Third, an in-depth discussion of disposition statutes and the RADA will follow. Finally, this comment will address the need for uniform laws regarding disposition and identity recognition by proposing legislation to resolve the issue of transgender individuals being misgendered upon death.

Description

Keywords

Transgender, Gender identity, Gender expression, Disposition statutes, Death certificate, Respect After Death Act, RADA, Priority of decision laws, Designated agent laws, Personal preference laws

Citation

10 Est. Plan. & Cmty. Prop. L. J. 181