Estate Planning for LGBTQ+ Couples

Since the U.S. Supreme Court recognized same-sex marriage nationwide, LGBTQ+ couples have gained important legal rights. However, estate planning remains a critical step, as LGBTQ+ individuals may still face unique challenges related to family dynamics, parentage, and recognition across jurisdictions.

Why estate planning is crucial:

• Protecting your spouse or partner. Without a will or trust, state law determines who inherits your assets. In some cases, biological relatives may have stronger default rights than a non-spouse partner.
• Healthcare decisions. A healthcare power of attorney allows you to designate your partner as the decision-maker if you cannot make medical choices for yourself. Without it, hospitals may turn to other relatives instead.
• Parental rights. If you and your partner are raising children, it is important to confirm legal parentage or guardianship to ensure continuity of care. A will also allows you to nominate guardians for minor children.
• Privacy and protection. Trusts can provide privacy and help avoid the probate process, ensuring a smoother transition of assets to your partner or children.

Estate planning is more than paperwork—it's about making sure the people you love are protected and your wishes are respected. For LGBTQ+ couples, proactive planning is the best way to safeguard your relationship and your family.