A Woman in Life, But a Man After Death: Protecting the Postmortem Identities of Transgender Individuals
Date
2017
Authors
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