Addressing post-election fears for LGBTQ clients

Financial planners who work with LGBTQ clients are helping them prepare for a potential rollback of civil rights under President-elect Donald Trump's second administration.

Expressing empathy for the clients' fears about future Supreme Court decisions, congressional bills or executive actions and state-level laws has emerged as a key aspect of guiding households through careful considerations and avoiding rash choices — along with providing technical guidance on the ramifications to estate planning and residential moves, financial advisors told Financial Planning. Just as with clients of any background or political ideology, planners are trying to assist clients in dealing with events out of their control that are affecting their families' financial future.

"Being a great listener" and understanding that "people are going to have unease about investments specifically" when they believe that their rights are under attack can go a long way, said Lindsey Young, founder of Baltimore-based registered investment advisory firm Quiet Wealth. Shortly after Trump's victory in this month's elections, she warned in a LinkedIn post that many clients' marriages may no longer be secure in some states and that it was important for LGBTQ couples to "have estate plans and healthcare directives in place that incorporate the possibility that their marriages are no longer recognized." But that should come after giving the clients the space to share their valid concerns, she said in an interview.

"It's just recognizing that it could be a hard time," Young said. "It's just saying, 'I'm here to help you.' Saying that is really important."

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Marriage rights are rightfully getting "a lot of attention when it comes to the political battle for human rights, and rightfully so," according to Leighann Miko, founder of Los Angeles- and Portland, Oregon-based RIA firm Equalis Financial. However, transgender clients and their loved ones are also wondering about "the medical care they need" and a range of issues including "access to hormones, surgery, legal changes to a birth certificate or gender markers on a driver's license," she said in an email. 

"Often as planners, we default to our technical skills to plan the risk away," Miko said. "While helpful and usually the reason our clients seek us out, it's equally important to provide a safe space for our clients to express their fears and concerns, especially as it relates to their financial lives. As a marginalized community that has had to fight tooth and nail for basic human rights, LGBTQ clients are exhausted. Be patient, be willing to see things through a different lens, and listen with empathy."

Even before the election, LGBTQ advocates had been tracking a surge in state bills and laws involving IDs, drag shows, health care and schools. 

For 2.7 million LGBTQ people over the age of 50, the rankings for the best states to retire in vary greatly from a list that doesn't take their civil liberties into account, according to a report last month by the Movement Advancement Project, a nonprofit think tank. MAP's top 10 of Oregon, Connecticut, Maine, Vermont, California, Hawaii, Delaware, Colorado, Rhode Island and New Jersey contrasted with a Bankrate list that rated Delaware, West Virginia, Georgia, South Carolina, Missouri, Mississippi, Pennsylvania, Florida, Iowa and Wyoming at the top. Delaware was the only state that made both top 10 lists.

"Including even a minimal consideration of a state's treatment of LGBTQ people would result in a different ranking of states altogether," MAP wrote in the report. "MAP's research team decided to compare Bankrate's analysis to our publicly available data on state policy to illustrate how state rankings can change dramatically when you incorporate laws and policies that shape the lives and experiences of LGBTQ people. Our findings show strikingly different results and highlight a very different set of considerations for LGBTQ adults deciding where to spend their golden years."

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As inviting as a new state may seem when considering policies, clients will need to weigh factors such as whether their residence may affect their pension and a possible higher cost of living if they depart from a southern state to a coastal state like California or New York, Young noted. Since fear can lead to common behavioral biases or mistakes, planners must "show them the facts in terms of the implications of a potential move" and "be realistic with them" as the clients think through their long-term goals, she said.

"The big thing is to say, 'Let's step back and run the numbers.' I think there's a temptation among many people to say, 'I'm going to move, I'm going to get out and we'll figure it out when we get there,'" Young said. "If they were to move, it actually makes them feel much more confident with that move, as opposed to just panicking."

In terms of the possible challenges to same-sex marriage, advisors and their clients could seek second-parent adoptions, update the beneficiaries listed in a will or a trust or purchase life insurance to cover estate taxes if one of the spouses dies, Miko noted. Those possible steps come on top of other necessary ones, if there is a Supreme Court decision overturning same-sex marriage rights or if individual states pass their own restrictions, she said.

"Many of the pre-2015 safeguards will have to be implemented once again, which still don't quite level the playing field compared to legally recognized marriage rights," Miko said. "For example, a non-married partner does not automatically inherit assets upon the death of a partner, and, in community property states, the surviving partner would not receive the tax benefit of a full step-up in cost basis on the inherited asset, such as a home."

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She and Young pointed out how marriage affects the policy of unlimited gifts between spouses without estate taxes and the requirement for clients to get current and valid power of attorney and advanced health care directive documents on file. 

"The good thing is that there are many LGBTQ estate attorneys who have been doing this for decades," Young said. "That provides the best protection against potential changes in the law."