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.