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The Indigo Wills Project: The importance of having access to a will if you’re Trans

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Alice "Indigo" Greene -

The Indigo Wills Project is a Washington-based organization that helps Trans people create wills and assists with the name change process, free of charge. The SGN had the opportunity to talk with the project’s founder, Cirilla Anderson, about what led her to found it and about the process behind creating a will.

The project is named in honor of Indigo Greene, a Transgender woman whose untimely passing led to a legal battle over her burial. Anderson explained that she was a close friend of Greene, and so people in their friend group had reached out to her for legal advice. Despite Greene leaving behind a note expressing her wish to have her remains handled by her fiancée, Mia Larotonda, it did not count as a notarized will. Because Greene was unmarried and didn’t have a legally binding will, she was declared to have died intestate and was returned to her estranged, transphobic parents in Alabama.

An unfortunate reality for many Trans people is that we face increased mortality rates from mental health and hate crimes, especially at an age when most people aren’t as concerned with having a will. For this reason, Anderson recognized the need for an organization to advance will creation in the Trans community and raise awareness about the importance of such a testament.

The idea of setting up a document detailing what should happen to someone after they die can be quite morbid, and many people don’t want to talk about their death and the impact it would have. This can serve as a barrier to the group’s mission.

“What I try to tell people is to think of your friends, think of people who are going to have to — I don’t want to say pick up the pieces but deal with your passing,” Anderson explained. “And we’ve seen with Mia and with all of Indigo’s partners the incredible strain that that puts on people, and I know no one wants to think about dying, [but] the truth is we are all going to die, and it is something that needs to be on our mind.”

Important questions

Anderson offered reassurance that the process is quick and pain-free, mostly answering a few questions in the comfort of Anderson’s own apartment. People can bring whoever they want to accompany them. She said that the process is streamlined to reduce the stress of thinking about one’s mortality.

The important questions she asks include defining who someone would want as their executor to carry out their wishes, and if there is any personal property they would wish to give to certain people. Another thing people don’t consider: in most cases, if a person dies intestate, their pets will usually end up in an animal shelter. 

Anderson also advocates for the creation of a special needs trust, as many people in the Trans community receive public benefits, and if a person on SSI or Medicaid inherits a large amount of money, it will be counted as income, and they can lose their disability benefits. With a special needs trust, a beneficiary can access the funds without being made ineligible for government benefits. Anderson also highlighted the importance of a personal statement, which specifies certain wishes of the person.

“What I [did] with mine, for example, is I really hammered home what I wanted to have happen after I pass away, who is allowed to be there, who is allowed to have [a] say, what I wanted to be remembered as,” Anderson said. “I put that in no publication was I supposed to be listed as anything other than Cirilla Anderson, [whose] gender is female. I put [that] my parents aren’t allowed to have any say as to what is to happen to me or my belongings after I pass away. [These are the kinds] of things that help hammer down the specifics of it, to make sure that abusive parents don’t have access to your estate.”

The legal battle for Indigo Greene’s remains ongoing, but in recent developments, Larotonda announced that she had received a portion of the ashes. She will continue to fight for custody of the remainder and for legal changes to how Washington handles wills for Trans people in the state Supreme Court. 

With Trans Day of Remembrance approaching, we must reflect on those in the community we’ve lost and how, even after death, Trans people are still expected to fight for their right to respect and exist, even though we’re not there to defend ourselves. 

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