LGBTQ+ Estate Planning FAQs

No. These various relationships affect state law rights and responsibilities only in the states which recognize them. Only marriage is respected by the federal government.

There are many important reasons to create an estate plan, such as avoiding probate, minimizing taxes and providing creditor and divorce protection for beneficiaries.

Only if you give them legal authority in advance. Sign a General Durable (Financial) Power of Attorney naming your spouse or partner as your agent, and they can pay bills, access accounts, and handle other money matters when you’re unable to do so.

If you’re legally married or in a registered partnership your state recognizes, your spouse or partner can step in. Otherwise, state law turns to your family of origin. To keep the choice in your hands, sign a Health Care Power of Attorney naming your spouse or partner as your health‑care agent (and future guardian, if one is ever needed). With that document, your partner’s voice comes first—regardless of where you live.

If you’re legally married or in a state‑recognized civil union or domestic partnership, showing proof of that registration is enough. Otherwise, ask your spouse or partner to name you as their agent in a Health Care Power of Attorney. That document guarantees your visiting rights and even lets you decide who else may come in.

If you’re legally married or in a state‑recognized registered partnership, you automatically have that authority. When a state doesn’t recognize your relationship—or you aren’t married or registered—state law usually gives the decision‑making power to your partner’s family instead. The simple solution: have your spouse or partner name you as their agent in a Health Care Power of Attorney. With that document, you can make final‑arrangement decisions no matter where you live.

If your spouse or partner has not legally adopted your minor child, the court will determine who should serve as guardian based on the child’s best interests. In most cases, preference is given to relatives from your family or the child’s other biological parent’s family. By naming your spouse or partner as guardian in your Will, you give the court a clear indication of your wishes, which it will consider seriously while making its decision.

Maybe. Federal law allows married couples to give each other an unlimited amount of property without gift tax during life or estate tax at death. Federal law does not recognize non-marriage relationships.  However, each person gets to give up to his or her tax exclusion during their lifetime to anyone they want. But, any use during lifetime reduces the amount available for transfers at death. In addition, anyone can make a gift to any other person, called the Annual Gift Tax Exclusion, without gift tax and without reducing his or her estate tax exclusion.

Only your Will becomes part of the public record after probate. Your Revocable Living Trust and Powers of Attorney remain private, so using a Trust keeps curious eyes—like coworkers or neighbors—from seeing the details of your plan.

Yes. State intestacy laws are built for married spouses, meaning that without a plan your assets default to your legal relatives—not your partner. Unless you’ve formally registered a partnership your state recognizes, your survivor would inherit nothing; bank accounts, real estate, and personal items would pass to your family of origin. Drafting a Will, creating a Revocable Living Trust, updating beneficiary designations, and signing Powers of Attorney let you put your partner first and sidestep the gaps in the default rules.

Absolutely. A Living Trust protects your assets, bypasses both living and death probate, can reduce or even wipe out estate taxes, and keeps your personal affairs private.