Estate Planning for LGBTQIA

How Estate Planning Protects the LGBTQIA+ Community

Estate planning has never been more important for the LGBTQIA+ community in Texas and California, as it is right now. For those in the LGBTQ+ community and their allies, it allows them to protect assets, ensure wishes are carried out after their passing, and provide for their chosen beneficiaries, including partners and non-biological children. Here’s how estate planning specifically benefits the LGBTQ+ community:

Protection for Same-Sex Partners

Prior to the legalization of same-sex marriage in the United States, same-sex families faced legal obstacles in Texas regarding inheritance rights, medical decision-making, and property ownership. Even after legalization, estate planning helps solidify these rights, especially for families who worry they soon may not have a legally recognized marriage.

Guardianship for Non-Biological Children

Many LGBTQ+ individuals and families have children through adoption, surrogacy, or other arrangements. Estate planning allows them to designate legal guardians for their children in case both parents pass away, ensuring their well-being and security.

Avoiding Probate

Estate planning tools such as wills, trusts, and beneficiary designations can help assets pass directly to chosen beneficiaries without going through the probate process, which can be time-consuming and costly. This is particularly important for LGBTQ+ individuals who may face challenges from estranged family members seeking to contest their wishes.

Medical Decision-making

Through documents like healthcare directives and durable powers of attorney, individuals can appoint trusted people to make medical decisions on their behalf if they become incapacitated. This is crucial for LGBTQ+ individuals who may not have their relationships or their medical needs recognized by family members.

Philanthropic Goals

Many LGBTQ+ individuals and families have specific charitable or philanthropic goals. Estate planning enables them to leave a legacy by supporting causes and organizations that are important to them.

Respectful Language

Creating an estate plan allows our clients to memorialize the language that best fits them. Our office is committed to recognizing, respecting, and reflecting the pronouns our clients use to describe themselves.

Crafting estate plans as unique as you are

At Marlyn Schulz, Attorney at Law, we are allies who honor all those who have faced adversity coming out to their friends and loved ones. One of our firm’s core values is that we support, respect, and lift up the rights of all individuals. It is our goal to provide peace of mind and legal protection for all LGBTQ+ individuals and families, ensuring that their wishes are legally respected and that their loved ones are provided for, regardless of the family or societal challenges they may face.

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