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LGBTQIA+ Estate Planning

Estate planning is critical for everyone: single, married, straight and LGBTQIA+. However, for the LGBTQIA+ community, estate planning provides protections to help guard against discrimination when people are reluctant to recognize your relationship, even if you are married.

Estate planning is essential for everyone, but it carries particular importance for the LGBTQIA+ community, where legal recognition of relationships has historically faced resistance. Even for married couples, a proper plan ensures protection in cases of incapacity, accident, or illness, preventing situations where a partner could be excluded from decision-making or access to care.

Although Supreme Court decisions such as U.S. v. Windsor and Obergefell v. Hodges secured federal benefits and marriage equality for same-sex couples, variations in state laws and recognition of domestic partnerships or civil unions create added complexity. A qualified estate planning attorney can help navigate these issues and protect your rights.

Through tools such as Living Trusts, Health Care Powers of Attorney, and customized estate plans, LGBTQIA+ couples—married or unmarried—can:

  • Ensure inheritance rights and asset protection

  • Authorize a partner to make health care and financial decisions

  • Avoid probate and maintain privacy

  • Reduce tax burdens where possible

  • Nominate guardians for minor children

Proper planning guarantees that your wishes are honored and your loved ones are protected, regardless of circumstance.