Estate Planning Tips for LGBTQIA+ Couples and Individuals

Following the 2015 Obergefell vs. Hodges decision by the Supreme Court of the United States, same-sex couples across the country were finally able to legally marry, and to enjoy the protections offered by the federal recognition of their marriages. However, same-sex couples - married or not - can have a different set of considerations than their heterosexual counterparts when it comes to making estate planning decisions. Read on to find out what couples (and individuals) in the LGBTQIA+ community should look for as they plan for their future.

Designating Power of Attorney

It’s important to select people you trust to carry out your final wishes, or to speak for you if you become incapacitated. Documents designating your estate’s executor or your medical power of attorney allow you to make sure that your wishes are honored, as these responsibilities could default to an estranged family member if there are no legal documents in place to the contrary.

Choosing Beneficiaries

Even if you’re married, there’s a chance that estranged family members might come out of the woodwork to lay claim to your estate after your death. Executing a will that designates your beneficiaries will help to ensure that the right people will inherit from your estate. However, there’s always a chance that someone might contest your will - especially if you are in a long-term committed relationship, but are not married. To avoid this possibility, you can create a trust, which does not go through probate court and can be more difficult to contest. 

Protecting Your Children

In order to make sure your children are able to continue living with your spouse or partner if you die, you should consider executing a document designating that person as the guardian of your children. If your children are adopted, or if they are biologically related to only one parent, this presents opportunities for people other than your spouse or partner to become a guardian to your children. Having the correct documents in place will prevent them from doing so.

Update Existing Documents

If your relationship began prior to the Obergefell v. Hodges ruling in 2015, you may already have some estate planning documents in place. It’s recommended that you review your estate planning documents every three to five years to make any necessary changes, and an experienced attorney can help you make sure your documents are secure and up-to-date. 

The Law Office of Katherine Kim, PLLC is devoted to helping all couples protect their families and their futures through comprehensive estate planning. Give us a call at 214-814-5123 or send an email to admin@katherinekimlaw.com to schedule a consultation today.