"Respect After Death Act" Moves Forward In CA Legislature

[Carolyn Marie]

http://www.kcet.org/news/agenda/diversity/respect-after-death-act-moves-forward.html

This seems like a good idea, and most of the language seems straightforward. But there seems one problem; in the case of someone who hasn't taken any legal steps to change their gender, but who lives according to their true gender, there could be a big dispute if the decedents family doesn't agree.

"In cases where the person with the right to control the disposition of the remains, as set forth in Section 7100, is in disagreement with the most recently dated document presented, the document memorializing the decedent’s
gender transition shall prevail."

But what if there is no "document?"

Carolyn Marie

[VickySGV]

I would need to do a little bit of refreshing on the current status of "documents" regarding the internet, but any Public declaration of the intent to be known as ___________ would probably be allowed in that case, with reasonable proof the decedent made the post on a site, even such as this one. Internet and non-holographic sources are being allowed these days. A piece of paper being the only document is changing in the commercial world, and soon if not already in the probate world.

An easy one already in place, and I recommend to people is to put a "last wishes and funeral directive" into the hands of your clergy person. I have had such a document on file in my parish church since my transition which surprisingly to many here, says that any memorial plaques or cenotaphs may give both my names, and include the fact I was a father. That is just my choice.

[Guest ashleynikole]

I'll channel my inner Dave Ramsey here and say, "everyone should have a will."

A will is a good place to put this kind of post death information and with sites like Legal Zoom, that can help you get a solid will in place for very little, it's hard to have an excuse not to have one. But that's just my 2 cents.