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LGBTQ+ Estate Planning in a Changing Political Landscape: Rights, Strategies, and Best Practices

Estate planning strategies for LGBTQ+ clients navigating current political challenges, including executive orders, Project 2025, and protective legal tools.

2025-05-15 14:00:00

Program Details

2025-05-15 14:00:00

2025-05-15 14:00:00

2h CLE Credits

Program Details

2025-05-15 14:00:00

Program Details

2025-05-15 14:00:00

Over 1,000+ webinars

2025-05-15 14:00:00

Course Overview

Protecting LGBTQ+ Families Through Strategic Estate Planning

2025-05-15 14:00:00

Participants will learn defensive estate planning strategies for LGBTQ+ clients navigating current legal and political challenges. Attorneys gain practical tools to safeguard client rights and assets.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Constitutional Foundation
Penumbra rights implicit in the Bill of Rights established LGBTQ+ protections.
02
Marriage Equality
Windsor secured marital tax deductions; Obergefell mandated nationwide marriage recognition.
03
Executive Orders
33% of recent executive orders have been stayed or dismissed by courts.
04
Project 2025
67% of Project 2025 initiatives specifically target the LGBTQ+ community.
05
Protective Documents
Trusts, wills, and advance directives should include Obergefell language and guardianship provisions.
06
Jurisdictional Strategy
Attorneys should evaluate hostile jurisdictions and build relocation flexibility into estate plans.

Program schedule

clock 2:00 pm - 2:40 pm EST

Historical Context and Current Landscape of LGBTQ+ Rights

This session traces the evolution of LGBTQ+ rights through landmark Supreme Court cases from Griswold v. Connecticut to Obergefell v. Hodges, establishing the legal foundation for marriage equality. Participants will explore penumbra rights, standing requirements, and how recent decisions have shaped estate planning considerations for LGBTQ+ clients.

Maximillienne “Max” ElliottMaximillienne “Max” Elliott
clock 2:40 pm - 3:00 pm EST

Political Changes Impacting LGBTQ+ Estate Planning Part One

This session analyzes the effects of recent executive orders on LGBTQ+ rights, noting that 33% have been stayed or dismissed by courts. Participants will examine Project 2025 initiatives, with 67% targeting the LGBTQ+ community, and understand the economic risks and policy changes affecting estate planning strategies.

Maximillienne “Max” ElliottMaximillienne “Max” Elliott
clock 3:00 pm - 3:10 pm EST

Scheduled Break for Course Participants

A brief intermission allowing participants to refresh and prepare for the remaining sessions. Use this time to reflect on the material covered and formulate questions for the upcoming discussions.

Maximillienne “Max” ElliottMaximillienne “Max” Elliott
clock 3:10 pm - 3:30 pm EST

Political Changes Impacting LGBTQ+ Estate Planning Part Two

This session examines the Dobbs decision’s implications for LGBTQ+ families, including impacts on surrogacy and IVF treatments. Participants will also explore employment rights cases like Bostock v. Clayton County and pending health care litigation affecting transgender clients.

Maximillienne “Max” ElliottMaximillienne “Max” Elliott
clock 3:30 pm - 4:10 pm EST

Practical Estate Planning Strategies for LGBTQ+ Families

This session provides actionable strategies including the advantages of marriage for tax purposes under U.S. v. Windsor, and essential documents like health care proxies with relocation provisions. Participants will learn defensive measures such as prepaying funeral arrangements and incorporating Obergefell language into trusts to protect clients in hostile jurisdictions.

Maximillienne “Max” ElliottMaximillienne “Max” Elliott
Maximillienne “Max” Elliott

Maximillienne “Max” Elliott

The Law Offices of Max Elliott

Maximillienne “Max” Elliott

Maximillienne “Max” Elliott

The Law Offices of Max Elliott

Maximillienne “Max” Elliott is the Managing Attorney and Founder of The Law Offices of Max Elliott, Ltd., a law firm that has established itself as a leader in estate and asset protection planning. Her firm serves clients across multiple states, with a specialized focus on supporting LGBTQ+ families, professional women, and small business owners.

Education & Credentials

Graduate of DePaul University College of Law, where she co-founded the DePaul Journal of Women, Gender and the Law.

Recognition & Leadership

AV Preeminent rating from Martindale Hubbell, National Black Lawyers Top 100, Super Lawyers® Rising Star from 2017-2021, Super Lawyer® from 2022-2025, 2021 induction into Marquis Who's Who® in America. Authored a non-fiction book published by Pocket Books a Division of Simon & Schuster, and scholarly work on international human rights.

Professional Involvement

Chair-Emeritus of the Chicago Bar Association's Trust Law Committee, member of the Chicago Estate Planning Council and the Illinois State Bar Association's Trust and Estates Section. Delivers presentations to institutions such as Harvard's Research Center and the National LGBTQ+ Bar Association. Routinely presents and lectures on estate and retirement planning, small business essentials, and protective measures for seniors and the LGBTQ+ community.

Experience

Provides comprehensive legal services including estate planning for diverse estate structures, multinational family considerations, estate administration, and asset protection advisory services. Prior to establishing her practice in 2011, she gained valuable experience working with Fortune 500 companies and the American Bar Association's International Liaison Office, including serving as General Counsel for the Bernie Mac Foundation from 2014 to 2020.
Maximillienne “Max” Elliott

Maximillienne “Max” Elliott

The Law Offices of Max Elliott

Maximillienne “Max” Elliott is the Managing Attorney and Founder of The Law Offices of Max Elliott, Ltd., a law firm that has established itself as a leader in estate and asset protection planning. Her firm serves clients across multiple states, with a specialized focus on supporting LGBTQ+ families, professional women, and small business owners.

Education & Credentials

Graduate of DePaul University College of Law, where she co-founded the DePaul Journal of Women, Gender and the Law.

Recognition & Leadership

AV Preeminent rating from Martindale Hubbell, National Black Lawyers Top 100, Super Lawyers® Rising Star from 2017-2021, Super Lawyer® from 2022-2025, 2021 induction into Marquis Who's Who® in America. Authored a non-fiction book published by Pocket Books a Division of Simon & Schuster, and scholarly work on international human rights.

Professional Involvement

Chair-Emeritus of the Chicago Bar Association's Trust Law Committee, member of the Chicago Estate Planning Council and the Illinois State Bar Association's Trust and Estates Section. Delivers presentations to institutions such as Harvard's Research Center and the National LGBTQ+ Bar Association. Routinely presents and lectures on estate and retirement planning, small business essentials, and protective measures for seniors and the LGBTQ+ community.

Experience

Provides comprehensive legal services including estate planning for diverse estate structures, multinational family considerations, estate administration, and asset protection advisory services. Prior to establishing her practice in 2011, she gained valuable experience working with Fortune 500 companies and the American Bar Association's International Liaison Office, including serving as General Counsel for the Bernie Mac Foundation from 2014 to 2020.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Pending
Hawaii
Approved
Idaho
Pending
Illinois
Pending
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Pending
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Pending
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Pending
Texas
Pending
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs