Connect with us

Living

Marriage: It’s more (and less) than you think

A wedding can have unexpected impact on wills

Published

on

will, gay news, Washington Blade
will, gay news, Washington Blade

In most states, if you die without a Will and you are married and that marriage is recognized, your spouse will inherit a share of your estate.

By LAWRENCE S. JACOBS

In the eight months since the fall of the Defense of Marriage Act, I have witnessed a huge rush to marriage among friends, clients and our community at large. Many of those people dramatically underestimate the changes that marriage might bring to their lives, while at the same time being lulled into a false sense of security that marriage will solve every potential legal issue that comes along. Of course, it won’t.

Hundreds and hundreds of benefits accrue to married couples. Yet, many of those benefits are misunderstood and do not come automatically. For example, the right to own real estate as a married couple does not and cannot happen unless the deed to that property includes that right. Many of my clients own their homes as joint with right of survivorship. But married couples can hold real estate as tenants by the entirety, which is much better. Far too many of my clients live in a home that is only owned by one of them. If something happens to that homeowner, the other one may be literally out on the street. Not surprisingly, we re-deed many of our clients’ homes, which is neither difficult nor expensive. Where the transfer of title may be impractical or undesirable, we create Revocable Trusts for the purpose of owning real estate.

Wills are another area where marriage has unexpected impacts. In most states, if you die without a Will and you are married and that marriage is recognized, your spouse will inherit a share of your estate. The amount of that share varies and can be as low as one-third. A properly drafted and signed Will can override those rules. For couples with children, the default rules can be even more problematic because minors cannot inherit money directly, either under a Will or because they were named as the beneficiary of a life insurance or retirement account. Worse yet, no matter how much money you leave, they will likely get it all in a single payment on their 18th birthday. Wills can and frequently do establish distribution schemes that make much more sense.

Marriage only solves problems for couples when both of them are healthy and alive.  If either of those should become untrue, then the marriage may count for little or nothing. If your spouse becomes incapacitated, you may have medical decision-making rights, but not the right to manage their separate assets.  That is usually accomplished by general durable power of attorney. Otherwise a guardianship petition will be required, which are typically expensive and time-consuming.  If your spouse dies before you, and you die later without a will, your assets will all be distributed to certain family members with parents typically first in line, regardless of whether that makes sense.

Marriage equality also brings with it the trials and tribulations that our straight counterparts have endured for generations. If you break up in the future, the only way to end that legal relationship is through a divorce. While you are still married, you cannot change your Will to completely disinherit your spouse. If you get divorced, the court will determine how to divide your assets. The court may also order you to pay alimony to your former spouse.  However, all of these potentially adverse outcomes can be changed in a properly drafted prenuptial (and sometimes post-nuptial) agreement. A word of caution: do not call a lawyer the week before your marriage for a pre-nup. I typically advise my clients to allow six to eight weeks.

None of this is intended to discourage anyone from getting married. I am a firm believer in that institution and took the plunge myself in 2009. Rather, I view my job as educating people on the issues, so that they can then make good decisions.

Larry Jacobs has helped hundreds of same-sex couples in the Washington area protect their assets and loved ones through partnership planning. He is a partner at McMillan Metro, P.C. and has practiced law for 39 years. He is admitted to the bar in Maryland, Virginia and D.C. You can learn more about Larry and his practice at PartnerPlanning.com.

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Real Estate

What property should I purchase if I’m not sure how long I’ll be in D.C.?

Row homes, English basements and more options abound

Published

on

D.C. offers an array of properties no matter how long you plan to live here.

Great question! If you are looking at real estate as an investment – two great property types to look at would be a smaller row home and also a row home that has an English basement. Some property types that you might want to stay away from would be a condo or a co-op unit. Let’s take a look at why these properties would be good and bad:

Smaller Row Home

Row homes are a great investment for many reasons. You can often find smaller two-bedroom row homes in the same price point as those of a two-bedroom condo, which might be seen as a “condo alternative” and afford you much more freedom. There are no condo associations or home owner associations that you must belong to so this keeps your monthly carrying costs on the lower end and you are allowed to make more independent decisions. For example, if you wanted to paint the house purple – in most cases you would be allowed to. If you wanted to change the color of the front door or put shutters on the windows – you would be allowed to. This is usually not the case with condo or co-ops. 

When it comes to the rental market – similarly renters like the independence of privacy in a home and not being among many other people. The luxury of perhaps direct off-street parking, outdoor space or even just more space at the same rental amount that a two bedroom condo rent would be – this is more appealing for a renter and would likely rent faster than that of a condo or co-op. For this model – you would obviously need to move out before you could take advantage of the investment of this type of real estate.

A row home with an English basement 

With this type of real estate you can immediately begin receiving income after your purchase. You can occupy the upstairs of the row home, which is usually the larger portion of the home, or you could even occupy the basement, which is usually the 1-2 bedroom smaller portion of the home and receive rental income for the other half of the home. This can be in the way of a yearly traditional tenant or in the manner of short-term rentals (check with the most recent STR policies within the District). With this model, you stand to make even more of a return on your investment upon your move out of the home as you can rent the entire home or you can rent the top unit and basement unit independently to gross a larger amount of income. It is important to note that it is never advised to purchase a row home unless you can fully afford it WITHOUT the idea of accepting additional rental income to offset the mortgage cost.

These two options listed above are the most typical found within the District because they are fee simple, standalone pieces of real estate and are not within a condo association, HOA, or a co-op with governing documents that tell you what you can and cannot do which makes row homes an attractive type of real estate for a long-term hold.

When looking at types of properties that you might want to stay away from – condos and co-ops come to mind and I say this with a caveat. You can surely purchase these types of real estate but must first understand the in’s and out’s of their governing documents. Condos are bound by the governing condominium documents which will tell you for how long your lease must be, a minimum of lease days, you can only rent after you have lived in the residence for a number of years, likely will stipulate no transient housing – which means no short term rentals. It could also quite possibly say that you can only rent for a specific amount of time and lastly it will also stipulate that only a specific amount of people can rent at one time in order to stay below the regulated lending requirements set forth by Fannie and Freddie Mac. Similarly, Co-ops are even more strict – they can tell you that you are just not able to rent at all or if you can you can only do so for a specific number of years and then you are required to sell or return back to the unit as your primary residence. 

As you can see, when it comes to condos and co-ops there are more specific and stringent bylaws that owners must agree to and follow that limit or even outlaw your ability to rent your piece of real estate. When you purchase a row home – there are no regulations on what you can and cannot do regarding rentals (outside of the short-term regulations within the District).

When looking for a piece of real estate in the District it is important to think through how long you could possibly wish to hold onto this property and what the future holds. If you think this is a long-term hold then you might consider a row home option – again, you can find a smaller two-bedroom row home that amounts to that price similar to a two-bedroom condo and would afford you a more flexible lifestyle. It’s important to work with a real estate agent to ensure that they guide you in this process and help answer any questions you might have. It’s also always advised to speak directly to a short-term rental specialist should you wish to go down that route as they will truly understand the in’s and out’s of that marketplace.

All in all, there are specific property types that work for everyone and within the District we have a plethora of options for everyone.

Justin Noble is a Realtor with Sotheby’s International Realty licensed in D.C., Maryland, and Delaware for your DMV and Delaware beach needs. Specializing in first-time homebuyers, development and new construction as well as estate sales, Justin provides white glove service at every price point. Reach him at 202-503-4243,  [email protected] or BurnsandNoble.com.

Continue Reading

Business

Heather Lawver’s journey to growth, inclusion with Ceemo.ai at StartOut’s Growth Lab

‘A program that embraces unique challenges LGBTQ+ founders have’

Published

on

Jake Hannigan is Program Manager of StartOut.

In the bustling world of startups, where innovation and diversity intertwine to forge new pathways, Heather Lawver, founder and CEO of D.C.-based Ceemo.ai stands out not just as a visionary entrepreneur but as a beacon of inclusivity and determination. Her journey to build Ceemo.ai, an advertising and branding platform dedicated to revolutionizing how startups conceive and market their brands, has reached a pivotal milestone with its selection into StartOut’s esteemed Growth Lab Accelerator, sponsored by J.P. Morgan. 

With less than one percent of startup funding being allocated toward LGBTQ+ founders in 2023, according to a recent StartOut study, this five-month program is critical in providing resources and education to help LGBTQ+ entrepreneurs grow and compete. 

Ceemo.ai joins eight other companies nationwide for this exclusive five-month training program.

A commitment to inclusion

Lawver founded Ceemo.ai in 2021 as a way to help entrepreneurs build better brands and seamlessly apply them to the marketing and pitch materials they need to launch the company of their dreams. The company’s simple five-step brand quiz helps founders think strategically about how they want to be perceived by their customers to then generate a full brand book with wordmark logo, color scheme, and font suite. Ceemo then applies that new brand book to a full suite of marketing and pitch materials, giving founders a roadmap to making sales and securing investment.

Her application to the Growth Lab Accelerator cohort was driven by more than the desire for business growth; it was fueled by her longstanding volunteer work with StartOut and a profound commitment to fostering an environment where LGBTQ+ founders are not only included but celebrated. 

The selection of Ceemo.ai for StartOut’s Growth Lab, an accelerator known for its top-quality mentoring, education, and networking opportunities tailored for LGBTQ+ founders, marks a pivotal chapter in Lawver’s mission to help cultivate a more inclusive entrepreneurial landscape.

“Being in an accelerator where I’m not the only queer person in the room is not just empowering; it’s transformative,” she shares. “It means so much to be selected for a program that embraces the unique challenges LGBTQ+ founders have, and these issues are not just acknowledged but are central to the narrative of success and innovation.”

“The founders in our 2024 Cohort are problem solvers, developing unique products and solutions across a range of industries, from technology and software to food and beverage,” said David Barbee, Head of LGBTQ+ Initiatives, J.P. Morgan Commercial Banking. “As they continue to scale, these companies will need access to resources like capital and banking solutions, investors and business advisors. We are proud to provide mentorship and access to our firm-wide capabilities to help them reach the next level.” 

“This platform is not just an accelerator; it’s a community where the unique challenges and triumphs of LGBTQ+ founders are acknowledged, celebrated, and used as a springboard for groundbreaking business success,” said Lawver. 

Ambitious goals for bright future

Over the past decade, Lawver’s expertise in enhancing pitch decks and fundraising strategies has been instrumental in securing more than $170 million for minority entrepreneurs across various demographics, including women, BIPOC, LGBTQ+, disabled individuals, and seniors. 

Her vision for her time in the five-month cohort is characterized by ambition and a keen focus on leveraging the program’s resources to scale Ceemo.ai’s impact. Her top goals include refining the platform’s Crunchbase algorithms to offer unparalleled market insights for startups, enhancing their organic sales funnels, and forging strategic partnerships with tech giants like Canva, Adobe, Google, Shopify, and Squarespace. These objectives are not just growth metrics but stepping stones towards revolutionizing how startups approach branding and marketing in a highly competitive digital landscape.

(Founded in 2009, StartOut, a national 501(c)(3) non-profit organization, is the largest national organization to support LGBTQ+ entrepreneurs with more than 28,000 members nationwide. Its mission is to accelerate the growth of the LGBTQ+ community to drive its economic empowerment, building a world where every LGBTQ+ entrepreneur has equal access to lead, succeed, and shape the workforce of the future.)

Continue Reading

Real Estate

The rise of virtual home tours

Adapting to changing consumer preferences in spring real estate

Published

on

Looking for a home? Virtual tours hold special benefits for queer buyers.

In today’s dynamic real estate market, the spring season brings not only blooming flowers but also a surge of activity as buyers and sellers alike prepare to make their moves. However, in recent years, there’s been a notable shift in how consumers prefer to explore potential homes: the rise of virtual tours. 

For the LGBTQ community, these virtual experiences offer more than just convenience; they provide accessibility, safety, and inclusivity in the home buying process. 

Gone are the days of spending weekends driving from one open house to another – unless that’s your thing of course, only to find that the property doesn’t quite match expectations. With virtual tours, you can explore every corner of a home from the comfort of your own space – find something interesting? Schedule a showing with any LGBTQ Realtor at GayRealEstate.com.

This is particularly significant for LGBTQ individuals, who may face unique challenges or concerns when attending in-person showings. Whether it’s the ability to discreetly view properties without fear of discrimination or the convenience of touring homes located in LGBTQ-friendly neighborhoods across the country, virtual tours offer a sense of empowerment and control in the home buying process.

Moreover, virtual tours cater to the diverse needs of the LGBTQ community. For couples or families with busy schedules or those living in different cities or states, these digital walkthroughs provide a convenient way to view properties together without the need for extensive travel. Additionally, for individuals who may be exploring their gender identity or transitioning, virtual tours offer a low-pressure environment to explore potential living spaces without the added stress of in-person interactions.

At GayRealEstate.com, we understand the importance of adapting to changing consumer preferences and leveraging technology to better serve our community. That’s why our agents offer an extensive selection of virtual tours for LGBTQ individuals and allies alike – visit our website, choose an agent and within minutes you’ll have access to the Multiple Listing Service (MLS) via their website.

From cozy condominiums in bustling urban centers to sprawling estates in picturesque suburbs, virtual tours showcase a wide range of properties tailored to diverse tastes and lifestyles.

In addition to virtual tours, GayRealEstate.com provides comprehensive resources and support to guide LGBTQ buyers and sellers through every step of the real estate journey. Our network of LGBTQ-friendly agents is committed to providing personalized service, advocacy, and representation to ensure that all individuals feel respected, valued, and empowered throughout the process. Plus, we are happy to provide a free relocation kit to any city in the USA or Canada if you are a home buyer.

As we embrace the spring season and all the opportunities it brings in the real estate market, let’s also celebrate the power of virtual tours to revolutionize the way we find and experience our future homes. Whether you’re searching for your first apartment, forever home, or investment property, GayRealEstate.com is here to help you navigate the exciting world of real estate with confidence, pride, and inclusivity.

Jeff Hammerberg is founding CEO of Hammerberg & Associates, Inc. Reach him at [email protected].

Continue Reading
Advertisement
Advertisement

Sign Up for Weekly E-Blast

Follow Us @washblade

Advertisement

Popular