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LGBTQ+ Estate Planning

Estate planning is important for everyone — but for LGBTQ+ individuals and families, it can be the difference between your wishes being honored and your family being left unprotected by a legal system that was not designed with you in mind. Despite the progress of marriage equality, the law still does not fully account for the diversity of modern families, and the consequences of failing to plan can be devastating for the people you love most.

Without proper estate planning documents, Texas intestacy law distributes your assets to your legal relatives — which may mean your partner, your chosen family, or the people who actually share your life receive nothing. A biological relative you have not spoken to in decades could inherit your estate while your partner of twenty years is shut out entirely. A medical power of attorney is the only way to ensure that your chosen person — not a distant relative — makes your healthcare decisions.

Katherine is committed to providing inclusive, affirming estate planning services that address the specific needs of the LGBTQ+ community. She believes every family deserves an attorney who understands their life without requiring explanation or justification.

Key Considerations

• Married same-sex couples — While legally recognized, estate plans drafted before Obergefell v. Hodges may not reflect current legal realities. Older documents may fail to take advantage of protections now available. Reviewing and updating these plans is essential.
• Unmarried partners — Without the legal protections marriage provides, unmarried couples are especially vulnerable. The law treats you as legal strangers. Powers of attorney, beneficiary designations, and trusts are the only way to ensure your partner is protected.
• Chosen families — Texas intestacy law does not recognize chosen family. If the people who matter most to you are not your legal relatives, an estate plan is the only way to ensure they inherit from you and can make decisions on your behalf.
• Parenting and custody — For LGBTQ+ parents — especially non-biological or non-adoptive parents — estate planning documents can help establish and protect parental relationships that the law may not automatically recognize.
• Healthcare decision-making — A medical power of attorney is critical. Without one, a hospital may turn to your legal next of kin — not your partner — for decisions about your care. This is not a hypothetical risk. It happens.

Why This Matters Now

Legal rights that feel settled today may not be guaranteed tomorrow. The legal landscape for LGBTQ+ families continues to evolve, and proper estate planning documents provide a layer of protection that does not depend on any single court decision or legislative outcome. A comprehensive estate plan ensures that your family is protected regardless of what changes in the law — because your documents speak for you when you cannot.