Breaking the Mold: Understanding LGBT Estate Planning


Secure the future of your loved ones with LGBT estate planning. Ensure equal treatment and protection of your assets and relationships.


Same-Sex Marriage Estate Planning: Navigating the Complexities

Estate planning is an essential aspect of securing the financial future of both yourself and your loved ones. However, proper estate planning can be complex for same-sex marriages with unique legal and financial challenges.

One of the most critical things to consider regarding same-sex estate planning is that many laws and regulations were not designed to consider the rights and needs of LGBTQ+ individuals. As a result, gay and lesbian spouses may face additional hurdles in estate planning.

This is where an estate planning attorney can be of great help. They thoroughly understand the unique legal and financial needs of their LGBTQ+ clients and the laws and regulations that affect them. By working with an estate planning attorney, same-sex married couples can ensure their goals are met and their rights are protected.

Proper Estate Planning for Unmarried or Same-Sex Couples

For unmarried same-sex spouses, it is essential to know that property ownership and inheritance rights laws can vary from state to state. If your state does not legally recognize you and your partner, you will not have the same right to inherit each other’s assets as married couples do. Therefore, estate planning becomes even more critical for unmarried same-sex couples.

To ensure the surviving spouse is legally entitled to inherit your assets and make financial and medical decisions on your behalf in case of incapacity or death, you may consider the following estate planning options:

  • Joint Ownership: Owning assets jointly with rights of survivorship can allow your partner to inherit the assets without going through the probate process. However, this option is unavailable in some states and may have tax implications.

  • Wills and Trusts: A will or a trust can provide legal protection for both partners by outlining how assets should be distributed upon death. Working with an estate planning attorney is recommended to ensure that your will or trust reflects your wishes and is legally valid.

  • Life insurance policies: Life insurance can be an essential estate planning tool for same-sex couples. It can provide financial support for your partner in case of your death and help cover expenses such as funeral costs, mortgages, and other debts.

By setting up these legal documents, unmarried or same-sex couples can ensure their partners have the same rights and protections as married couples in case of any unforeseen event.

Estate Planning for LGBTQ+ Couples

Estate planning for LGBTQ+ couples involves many of the same elements as any other couple. This includes creating estate planning documents such as will and trust, designating powers of attorney, updating beneficiaries, and preparing for long-term care.

However, it is crucial to be aware that additional steps may need to be taken to ensure that the rights and wishes of LGBTQ+ couples are protected. For example, creating additional legal documents, such as a domestic partnership agreement, may be necessary to ensure that assets are passed on to the desired beneficiaries.


Power of Attorney for LGBTQ+ Couples

Designating a power of attorney for healthcare (sometimes called a health care proxy) and financial affairs is essential for all couples. Still, it can be crucial for LGBTQ+ couples who may not be recognized as legal next of kin. This will ensure that the chosen partner can make pivotal medical and financial decisions on behalf of their loved one in case of incapacity or unavailability.

The Benefits of Working with an Estate Planning Attorney

Estate planning can be complicated, and the laws surrounding LGBTQ+ rights are constantly evolving. By working with an experienced estate planning attorney, you can ensure that your wishes are accurately reflected in your legal documents and that the rights of your loved ones are protected.

An estate planning attorney will not only help you navigate the complexities of LGBTQ+ estate planning but also provide guidance on other family law matters. They can assist in creating legal documents that consider the unique needs of your family members and ensure that all existing estate planning documents are updated to reflect any changes in laws or regulations.

Don’t let the complexities of estate planning hold you back from securing a stable financial future for yourself and your loved ones. Consult with an experienced estate planning attorney who understands the specific challenges faced by LGBTQ+ individuals and couples and can provide personalized legal guidance to help you achieve your goals.

Need Help With Estate Planning? Contact Kevin C. Martin, Attorney at Law, PLLC

Navigating the complexities of estate planning for same-sex couples can be overwhelming and daunting. At Kevin C. Martin, Attorney at Law, PLLC, we have extensive experience helping LGBTQ+ individuals and couples secure their financial futures through proper estate planning.

Our knowledgeable attorneys can guide you through creating a comprehensive estate plan that addresses your concerns and goals. We strive to provide a safe and welcoming environment for our LGBTQ+ clients, where they can feel comfortable discussing their estate planning needs.

Don’t let legal complications and potential discrimination hinder your ability to protect your loved ones and secure your assets. Contact Kevin C. Martin, Attorney at Law, PLLC, today for expert assistance with your LGBT estate planning concerns.