LGBTQ+ Estate Planning to Protect Yourself and Your Loved Ones
When it comes to protecting your future and the people you love, having the right legal documents in place is essential. For LGBTQ+ individuals and couples, estate planning can come with a few extra layers—but with the right guidance, it doesn’t have to be overwhelming.
At Kristine Romano Law, we believe every family deserves peace of mind. If you’re looking for the best attorney for Wills and Trusts in Northborough, MA, you’re in the right place. We’re here to make the process simple, supportive, and fully personalized to your needs.
Why Estate Planning Is Especially Important for LGBTQ+ Clients
Even though same-sex marriage is legal in Massachusetts and nationwide, LGBTQ+ individuals may still face legal hurdles that others don’t. For example, you might be navigating:
- Outdated legal documents
- Unresolved civil unions or domestic partnerships
- Parental rights as a non-biological parent
- Family relationships that don’t legally reflect your chosen family
By working with a compassionate and experienced estate planning attorney, you can ensure that your wishes are clearly documented and legally protected.
What Should Be Included in Your Estate Plan?
A solid estate plan in Northborough includes more than just a will. It’s a complete roadmap for your future care and asset distribution. Key estate planning documents include:
- Will or Trust: Directs how your assets are passed on and who will be in charge of your estate.
- Durable Financial Power of Attorney: Gives someone you trust the authority to manage your finances if you're unable.
- Health Care Proxy & Living Will: Ensures your medical wishes are honored and someone you choose can speak for you.
- HIPAA Authorization: Allows your loved ones to access medical records when necessary.
These documents can be critical in situations where one partner may not be legally recognized as next of kin—or where outdated paperwork could cause confusion or conflict.
Should Non-Biological Parents Consider Adoption?
One of the unique challenges for LGBTQIA+ couples, particularly those with children, is the legal recognition of both parents. In many cases, only one partner is the biological parent, which can create complications if the biological parent passes away or if the couple separates.
By adopting their partner's child, non-biological parents can establish a legal relationship with the child and obtain parental rights. This can prevent disputes over custody with extended family members and protect the child's inheritance rights.
Don’t Forget to Update Your Beneficiaries
Retirement accounts, life insurance policies, and other financial assets often have named beneficiaries that override your Will. That’s why we help our Northborough clients review and update these forms regularly—especially after marriage, divorce, or other major life changes. It’s a small step that can make a huge difference in ensuring your assets go to the right people.
Clearing Up the Past: What About Previous Legal Unions?
Before marriage equality, many LGBTQ+ couples used civil unions or domestic partnerships to protect their relationships. In some states, those arrangements were automatically converted into marriages—sometimes without the couple even knowing.
This can lead to legal confusion or even unintended claims on your estate. As your legal team, we’ll help you sort through any previous arrangements and ensure everything is resolved cleanly.
The Story of Prior Legal Unions
In a story shared in the MassMutual blog, Joan Burda, an attorney in Lakewood, Ohio, shares the cautionary tale of LGBTQIA+ couples who entered domestic partnerships or civil unions before legalizing same-sex marriage. These partnerships were sometimes automatically upgraded to marriages without the couple’s knowledge when laws changed, leading to unexpected complications.
For instance, couples who thought they had dissolved their previous legal relationships might find that their former partners still have legal claims on their estate. For this reason, Kristine Romano Law emphasizes the importance of clients reviewing and resolving all prior legal unions to prevent future disputes and ensure the full protection of their current relationships.
What Should Couples Do Next?
Estate planning is not a one-time event. Laws change, relationships evolve and your plan needs to reflect those changes. LGBTQIA+ couples should take the time to review their estate planning documents, resolve any past legal relationships and ensure that their beneficiary forms are up to date.
Why Northborough LGBTQIA+ Families Trust Kristine Romano Law
Your relationship and family deserve the strongest legal protections available. Don’t leave your future to chance—ensure that your estate plan reflects the unique needs of LGBTQIA+ couples. Whether you’re navigating the complexities of adoption, resolving past legal unions, or updating beneficiary forms, our experienced estate planning team is here to help.
At Kristine Romano Law, we pride ourselves on being attentive, professional, and genuinely welcoming. Schedule a consultation with us today to start building a plan that secures your rights, protects your loved ones and honors your wishes. Let’s work together to safeguard your family’s future.
Key Takeaways
- Protect Your Relationship: Ensure legal recognition of your partnership, safeguarding your rights and those of your spouse.
- Secure Parental Rights: Adoption for non-biological parents can establish crucial legal ties, protecting your children’s future.
- Update Beneficiaries: Regularly reviewing and updating beneficiary forms prevents unintended inheritance and ensures that your assets go to the right people.
- Resolve Prior Legal Unions: Clear up any past domestic partnerships or civil unions to avoid potential legal conflicts and claims on your estate.
- Maximize Legal Benefits: For optimal estate planning, leverage the legal protections and tax advantages available to married LGBTQIA+ couples.
Reference: MassMutual (June 06, 2024) “Estate Planning for LGBTQIA+ Couples”
