Estate Planning for Same-Sex Couples: What You Need to Know

Even after the legalization of same-sex marriage in the U.S., LGBTQ couples still face unique legal and financial planning challenges, especially when it comes to estate planning. Whether you’re married, in a long-term partnership, or somewhere in between, having a clear, legally binding plan in place is essential to protect your partner, your assets, and your future. 

In this article, we’ll walk through why estate planning for same-sex couples is so important, what legal tools you should have in place, and how to avoid common pitfalls that could leave your loved ones vulnerable. 

Why Estate Planning Is Crucial for Same-Sex Couples 

While federal and state laws have come a long way, assumptions can still leave your partner unprotected, especially if you’re unmarried or have complicated family dynamics. 

Without a proper estate plan: 

• Your assets may be distributed according to state intestacy laws, not your wishes 
• Your partner may not automatically have legal rights to your property 
• Hospital visitation, medical decisions, and financial authority could be denied 
• Inheritance disputes with biological family members are more likely 

A legally sound estate plan ensures that your wishes are honored, and your partner is protected, no matter your marital status. 

Key Estate Planning Tools for LGBTQ+ Couples 

Here are the most important estate planning documents and strategies for same-sex couples: 

1. Last Will and Testament 

Your will allows you to name your beneficiaries (including your spouse or partner), designate guardians for minor children, and nominate an executor to carry out your wishes.Without a will, your assets could go to estranged family members instead of your partner. 

2. Revocable Living Trust 

A trust avoids probate (which can be time-consuming and expensive) and keeps your wishes private. It’s also a great tool for blended families or when one partner brings significant assets into the relationship. 

3. Healthcare Proxy / Medical Power of Attorney 

This document names the person you want to make medical decisions for you if you cannot communicate yourself. Don’t assume that just because you’re married, your partner will automatically have that right. Put it in writing. 

4. Durable Power of Attorney 

This gives your partner or spouse authority to manage your finances and legal matters if you become incapacitated. 

5. Beneficiary Designations 

Review all your accounts (life insurance, retirement, investment) to make sure your partner is properly listed. These designations override your will, so keep them updated. 

6. Advanced Directives & HIPAA Authorization 

These allow your partner access to medical information and let you document your end-of-life wishes clearly. 

Real-World Example: Sarah & Danielle 

Sarah and Danielle have been together for 15 years but never legally married. When Sarah was hospitalized after a car accident, Danielle wasn’t allowed access to medical records or decision-making power, because nothing was documented legally. 

After that experience, they worked with an estate planning attorney to: 

• Draft mutual wills and healthcare proxies 
• Create a revocable trust to pass assets smoothly 
• Name each other on all financial and retirement accounts 

What Happens If You Don’t Plan? 

If you die without a will or trust (called dying intestate), your state decides who inherits your assets—and it may not be your partner. Family disputes, probate delays, unnecessary taxes, and unintended consequences are all possible. Planning now avoids confusion, court battles, and pain later. 

Estate Planning Is an Act of Love 

For same-sex couples, estate planning isn’t just a legal formality. It’s protection, peace of mind, and clarity in moments that matter most.It’s how you make sure your partner is cared for, your wishes are followed, and your legacy reflects your values. 

Ready to Protect the Life You’ve Built Together? 

We specialize in helping LGBTQ+ individuals and couples create estate plans that provide clarity, security, and confidence for the future.

Book your Peace of Mind Planning session today to learn more about by calling Karine Wegrzynowicz at 805-837-0125 or through the link on our website at www.kwsblaw.com. We are here to help you navigate the complexities of estate planning and ensure your family’s future is secure.