Don’t just rely on a Will, Joint Tenancy, or Tenancy in Common as an estate plan. Ensure your partner is empowered to make decisions and manage your affairs.
LGBTQIA+ ESTATE PLANNING
Your Partner
Married same-sex, transgender, and non-binary couples are entitled to the same state and federal benefits as heterosexual married couples – but that doesn’t mean it won’t be a fight. And if you aren’t married, it will hugely impact your spouse’s inheritance rights in a negative way.
Your Children
Just because you’re not the biological parent of your children doesn’t mean you aren’t Mom or Dad. But the law won’t necessarily recognize that. This is a fixable problem, but it requires proper planning and an in-depth understanding of the law.
Your Privacy
No one wants their personal matters aired in a public forum. But if your estate goes through probate, that’s exactly what will happen. This is an even bigger issue LGBTQ couples because of the discrimination you may face from those who don’t respect your orientation or identity.
Your Identity
Healthcare professionals and others may attempt to ignore your gender identity when you can’t speak for yourself. Empower loved ones to keep your appearance is consistent with your identity post-death and in instances of incapacitation with the right legal documentation.
Your Assets
If you are unmarried, the law says that your siblings or parents inherit your property if something tragic occurs to you. But there are lots of important non-marital relationships. An estate plan can honor those relationships by ensuring that the people you want inherit your assets.
Your Health
Accidents and illness occur every day, often without warning. If you want to ensure your life partner is able to make your medical decisions when you cannot speak for yourself, you need a clear estate plan to make sure that wish is honored, no matter what the political landscape.
But We're Married. Doesn't That Mean We're Set?
Many married couples, whether LGBTQ or heterosexual, choose to create an estate plan to ensure their wishes are fully protected. For LGBTQ couples in particular, we can take proactive steps to safeguard your plans against potential changes in legal recognition.
With a comprehensive estate plan, you can:
Step 1
Schedule a Free Consultation
Reach out and set up a time for us to talk with each other. We won’t know if it feels like a fit until we get to talk.
Step 2
We Collaborate on an Estate Plan
Our team learns about you and your unique needs so we can work with each other to help you design your ideal plan.
Step 3
You Are Set Up for the Future
We’re committed to making sure you understand and feel confident in whatever plans we help you to create.
LGBTQIA+ ESTATE PLANNING
Sarah and Emily carefully created a will to secure their future together, naming each other as beneficiaries. However, in Texas, probate is a public process, meaning anyone – including Sarah’s estranged parents – could challenge their wishes in court.
With at least one required court date to appoint an executor, the door was open for objections, potentially turning their private decisions into public disputes. There was no guarantee of how a judge would rule, especially in a state where outcomes could vary, leaving Sarah and Emily vulnerable to a legal battle they never anticipated.
A trust offers a powerful solution by keeping everything private and avoiding the public scrutiny that comes with probate. Since there are no required court dates or hearings, there is significantly less opportunity for others to challenge your wishes. Anyone looking to stir up trouble must initiate a court proceeding themselves, which involves substantial effort and expense, including hiring an attorney, paying filing fees of over a thousand dollars, and navigating the uncertainty of how a judge might rule. For most people, this level of commitment is too much. Additionally, a trust safeguards privacy, allowing your partner to manage your affairs without drawing attention to your relationship, unless you choose to do so.
When Jake and Michael sat down to review their estate planning documents with an attorney, they had a lot on their minds. The recent political shifts had left them uneasy, particularly the growing uncertainty about whether their marriage would continue to be legally recognized.
As they reviewed their wills and trusts, the attorney pointed out a potentially troubling detail: most estate planning documents include a clause stating that if a divorce occurs, the spouse is treated as if they had predeceased the other. This clause, while standard, posed a significant risk for same-sex couples like Jake and Michael. If the law were to change and their marriage was no longer recognized, Michael could be treated as a divorced spouse and effectively removed from their estate plan.
Recognizing the concern, Austin Estate Plan adds an additional statement—one that would safeguard their wishes no matter what happened legally. The new language would ensure that even if their marriage was undone by changes in the law, Michael would still be named as Jake’s representative in all roles outlined in the estate plan. This proactive measure would keep their partnership intact within their estate planning, providing peace of mind in an increasingly uncertain world. Our firm is one of the few in the area offering this specific protection for same-sex couples.
As they reviewed their wills and trusts, the attorney pointed out a potentially troubling detail: most estate planning documents include a clause stating that if a divorce occurs, the spouse is treated as if they had predeceased the other. This clause, while standard, posed a significant risk for same-sex couples like Jake and Michael. If the law were to change and their marriage was no longer recognized, Michael could be treated as a divorced spouse and effectively removed from their estate plan.
Slaton Schauer Law Firm, PLLC is conveniently located in Cedar Park and proudly serves Austin, Round Rock, Georgetown, Pflugerville, and the surrounding areas.
102 Raley Road
Cedar Park, Texas 78613
Phone: (512) 258-9455
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