LGBTQIA+ Estate Planning: How to Protect Your Loved Ones and Your Future
Estate planning is important for everyone — but for the LGBTQIA+ community, it can be essential to ensure that your wishes are honored and that your partner, children, and loved ones are legally protected.
A thoughtful estate plan can:
- Safeguard against discrimination or challenges from others who may not recognize your relationship.
- Give your partner legal authority to make health and financial decisions if you become incapacitated.
- Provide a clear plan for the transfer of assets and guardianship of children.
How Obergefell v. Hodges Changed Estate Planning
In 2015, the landmark U.S. Supreme Court case Obergefell v. Hodges recognized same-sex marriage as a constitutional right nationwide. This decision gave same-sex couples access to legal protections and federal tax benefits that were previously unavailable, including:
- The unlimited marital deduction for federal estate and gift taxes
- Spousal rights of inheritance
- Health insurance and retirement plan benefits
However, non-marriage alternatives such as civil unions and domestic partnerships are still not federally recognized as marriages. Couples in these arrangements must create legal documents to grant decision-making authority, inheritance rights, and other protections.
Key Estate Planning Tools for LGBTQIA+ Couples
1. Revocable Living Trust
A revocable living trust allows you to name your spouse or partner as trustee and successor trustee. If you become incapacitated, they can step in to manage your finances without court involvement.
2. Durable Financial Power of Attorney
A durable power of attorney gives your chosen agent the authority to make financial decisions if you are unable to do so. Because rules vary by state, review this document regularly — especially if you move.
3. Health Care Power of Attorney & HIPAA Authorization
A health care power of attorney allows you to appoint your spouse or partner to make medical decisions on your behalf. Including a HIPAA privacy authorization ensures your partner can access medical records and communicate with healthcare providers.
This legal protection can prevent biological family members from interfering in critical medical decisions.
Why a Will Is Essential — Especially for LGBTQIA+ Parents
For same-sex couples raising children, a will is the only way to:
- Name guardians for minor children
- Appoint an executor to manage your estate
- Ensure custody is not challenged by biological relatives
Without a will, state law will determine who gets custody — and it may not align with your wishes, especially if one parent is non-biological.
Addressing Prior Legal Relationships
If you were in a civil union, domestic partnership, or same-sex marriage before 2015, it is crucial to review your legal status. Some states automatically converted civil unions into marriages, which could leave you legally married — and open to future estate claims — even if you no longer consider yourself partnered.
A qualified estate planning attorney can help you untangle any previous legal relationships to prevent complications.
Closing the Planning Gap
Studies show that the LGBTQIA+ community is less likely to have a will or trust compared to the general population. Without these documents, state law will default to giving decision-making power and inheritance rights to biological relatives — which may not reflect your wishes.
Creating a comprehensive plan ensures that your partner, children, and loved ones are protected.
Take the Next Step
Estate planning can be complex, but it’s one of the most important steps you can take to protect your future. We can help you:
- Document who can make decisions for you
- Ensure your assets pass to the people you choose
- Protect your children and provide for their care
Call (207) 848-5600 or visit our CONTACT page to schedule a consultation.
LGBTQIA+ Resources in Maine
