LGBTQ+ Estate Planning – Post 2024 Elections
The results of the November 2024 elections for members of the U.S. Congress, the Presidency, and State and Local officials, combined with the current composition of the Supreme Court, has made many legal authorities encourage members of the LGBTQ+ community to take significant measures to secure their personal and property rights in the future.
A little history is needed to set the stage. In 1996, Congress passed the Defense of Marriage Act, defining marriage as being between one man and one woman. This law was in effect until 2015 when the U. S. Supreme Court ruled that same sex marriages would be legal across the United States. This was accomplished in the case of Obergefell v. Hodges. If same-sex marriage were to be challenged or overturned, it would cause a myriad of legal complications, even for LGBTQ+ couples who are currently considered under the law to be legally married. Over 500 bills have been proposed across 46 states in 2023 and 2024 alone that affect LGBTQ+ rights. This is a very unsettling and insecure time.
Given this uncertainty, it’s time to be proactive! Formalizing your marriage to your partner, as soon as possible, and securing your parental rights of non-biological children is an essential part of lessening the impact of any changes in the law which may be coming. Additionally, it is wise to meet with a Family Law attorney who can explain your options concerning determination of parentage, guardianship and adoption.
LGBTQ+ people do have the power to take anticipatory action to protect themselves. Proper Estate Planning can also help temper the impact of potential changes in the law regarding LGBTQ+ individuals and families. It is important to ensure that your spouse or partner is legally recognized to be your “next of kin” in critical situations. Also, it is essential that your loved ones are protected, and your finances are secured. Proper estate planning will definitely help.
That is why it is imperative that you also meet with an Estate Planning attorney. There are a few important legal documents that should be prepared for you or need to be updated:
- A Last Will and Testament and/or a Living Trust
- A Durable Power of Attorney for financial matters
- An Advanced Health Care Directive and HIPAA Authorization
Words matter! Simply referring to someone as your “spouse” or your “child” may not be enough. Documents need to have specific names, and adequate designations so that your loved ones are not left powerless and frustrated in the event of an unfortunate event, like a disability, hospitalization or death. A qualified Estate Planning attorney will aid in giving you greater peace of mind in these uncertain times. If you have additional questions, please reach out to schedule a 15-min call with our Client Experience Director. Don’t wait until it’s too late.
