LGBTQ Estate Planning in Kingwood, TX
Securing Your Legacy in a Same-Sex Marriage
Kingwood, TX has recognized same-sex marriage since 2015, introducing new legal safeguards for the LGBTQ community residing in Texas. However, discrimination against same-sex couples still exists in certain parts of the state.
To safeguard your rights and those of your family, consider engaging an accomplished LGBTQ estate planning attorney to guide you through the process of asset distribution in case of untimely or unexpected demise. The legitimacy of your marriage should never be up for debate, nor should your ability to pass on your estate to your spouse. At the Law Office of Bryan Fagan, PLLC, we are committed to helping you preserve your estate within your family.
Estate Planning Services for LGBTQ Families in Kingwood
The absence of a thorough estate plan can lead to significant issues for any spouse or partner. For LGBTQ couples, particularly those who are not married, estate planning is crucial.
With a proper estate plan, you can address potential challenges regarding the recognition of your marriage or partnership. If you’re in a partnership, a well-thought-out estate plan ensures that decision-making power over health and financial matters defaults to your partner, thereby bypassing probate.
Key estate planning services that LGBTQ couples can implement to prevent future complications include:
- Living trusts – appoint your spouse/partner as your trustee allowing them to manage your financial and health affairs in the event that you become incapacitated
- Asset protection
- Medical power of attorney
- Child protection planning – choose who will care for your children if you die
Essential Estate Planning Pointers for LGBTQ Couples
Step one: Consult with your attorney. It’s essential for you and your spouse/partner to thoroughly review your estate planning strategy with a lawyer and complete all necessary documentation. Regularly reviewing these documents to ensure their language (wife/husband/spouse versus partner/boyfriend/girlfriend) complies with Texas law is also advisable.
Step two: Confirm parentage if you have children. If you’re a non-biological parent in a same-sex marriage or partnership, adopting your child can provide significant benefits. To avoid custody disputes over your own child, initiate this adoption process as soon as possible.
Step three: Consider a prenuptial agreement. Before the legalization of same-sex marriage in Texas, LGBTQ couples had the freedom to decide how much of their estate they wished to leave to their partner. Now, federal law mandates that at least one-third of your estate must go to your spouse. If this doesn’t align with your desires, consult an attorney.
Safeguarding Your Estate as an LGBTQ Couple
As an LGBTQ couple, your estate planning needs may differ from those of heterosexual couples. It’s important to understand the protections available to you and the challenges you may face now that same-sex marriage is legal in Texas. This includes navigating estate planning for domestic partnerships, civil unions, and other arrangements.
Setting up an estate plan as an LGBTQ couple can be complex. An experienced and dedicated estate planning lawyer can offer invaluable guidance through this process.
Call us at (713) 581-3839 today or fill out a contact form on our website to get help with your LGBTQ estate plan.
