• Skip to navigation
  • Skip to main content
  • Skip to footer
(281) 756-7116
Attend A Free Workshop
logo

The Childs Law Firm, P.C

Estate Planning and Elder Law

  • Home
  • Who We Are
    • Advantages of Working With Our Firm
    • About Our Firm
    • Attorney Profile
    • About The American Academy
    • Speaker Connection
  • How We Help
    • Business Owners And Asset Protection
    • Estate And Gift Tax Figures
    • Estate Planning Services
    • Family-Owned Businesses & Farms
    • Financial Planning Assistance
    • Incapacity And Caregiver Support
    • Ira Inheritance Planning
    • Legacy Planning
    • Medicaid And Elder Law Services
      • Are You A Caregiver?
      • Coping With Alzheimer’s
      • Emergency Medicaid & Nursing Home Planning
      • Guardianship & Conservatorship
      • Hospice Care
      • Keeping Your Loved One At Home With Community Medicaid
      • Planning Ahead For Medicaid Qualification
      • Veteran’s Benefits
    • LGBTQ Estate Planning
    • Pet Planning
    • Probate And Trust Administration
    • Secure Act
    • Special Needs Planning
  • Resources
    • Docubank
    • Estate Planning Resources
      • Estate And Gift Tax Figures
      • Estate Planning Definitions
      • Estate Planning Reports
      • Estate Planning Checkup
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate And Legacy Planning Techniques
    • Elder Law Reports
    • Frequently Asked Questions
      • Estate Planning FAQs
      • Estate Tax FAQs
      • IRA Inheritance Planning FAQs
      • Legacy Wealth Planning FAQs
      • LGBTQ Estate Planning FAQs
      • Trust Administration And Probate FAQs
    • LGBTQ Resources
    • Legacy Wealth Planning Consultation Form
    • Newsletters
    • Special Needs Resources
    • Trust Administration & Probate Resources
      • How To Know If You Need Extra Help With Your Grieving
      • Things You Need To Do When A Loved One Passes Away With A Trust
      • Things You Need To Do When A Loved One Passes Away With A Will
      • The Mourner’s Bill Of Rights
      • Bereavement Resources
      • Trust Administration & Probate Definitions
  • Workshops
  • Blog
  • Reviews
    • Review Us
    • Our Reviews
  • Contact
  • Search
Home » Resources » Frequently Asked Questions » LGBTQ Estate Planning FAQs

LGBTQ Estate Planning FAQs

Do domestic partnerships or civil unions provide all the benefits of marriage?

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.

I’m married, why do I need to plan?

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

Can my spouse or partner handle my financial affairs if I am incapacitated?

No, you have to do estate planning in order to allow your spouse or partner to have that authority. Specifically, by designating your spouse or partner as agent under a General Durable (Financial) Power of Attorney, he or she can make decisions on your behalf regarding financial matters.

Can my spouse or partner make medical decisions for me if I’m sick?

If you are married, or in a registered domestic partnership or civil union recognized by your state, your spouse or partner can make those decisions for you. If you are not in a registered relationship, or that relationship is not recognized by your state, then state law would recognize your family of origin to make those decisions. However, you can override state law and give your spouse or partner the authority to make such decisions by signing a Health Care Power of Attorney. With such a document, when you are unable to make your own medical decisions, your spouse or partner can step in and speak for you. Further, this document will designate your spouse or partner as your choice to be guardian for you if one needs to be appointed. Without such a designation, your family of origin may have priority for such an appointment.

How can I be sure that I will be allowed to visit my spouse or partner in the hospital or assisted living facility?

If you are married or in a state that recognizes civil unions or domestic partnerships and you register as such, proof of such registration would be sufficient. Otherwise, you would need to have your spouse or partner designate you as agent under their Health Care Power of Attorney. The agent also can limit other visitors.

Can I make decisions about my spouse or partner’s remains?

Yes, if you are married or in a registered relationship and in a state which recognizes that relationship.  However, if you’re either, i) not married or in a registered relationship, or ii) you are in a state which does not recognize that registered relationship, then default state law allows your partner’s family of origin rather than you to make those decisions. However, if your spouse or partner designates you as agent under their Health Care Power of Attorney, then you would be able to make such decisions.

Will my spouse or partner be appointed guardian of my minor child?

Unless your spouse or partner has adopted your minor children, a court would decide what would be in the child’s best interest. Typically, your family of origin and that of the child’s other biological parent are given preference by the court. However, in your last Will, you can nominate your spouse or partner to be the guardian for your minor child. The court will then give weight to your suggestion while weighing what is in the child’s best interest.

Is there a tax if I give some of my property to my spouse or partner?

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.

Are my estate planning documents a matter of public record?

Only your Will is a matter of public record. Your Revocable Living Trust and your Powers of Attorney are not public. Therefore, by using a Revocable Living Trust you can maintain the privacy of your wishes. Prying eyes of co-workers and neighbors will not have access to the details of your estate plan.

Do unmarried couples have to plan more than married couples do?

Yes. The default in state law, called “intestacy,” is designed with married couples in mind. If a married person dies without any estate plan, the survivor will get a good portion of the assets left behind. However, if you’ve not married, or you are in a state that does not recognize domestic partnership or civil union, your survivor would get nothing. Instead, the family of origin of the partner who died would get anything in that partner’s name, including bank accounts, real estate, etc.

Is a Living Trust a good idea for a LGBTQ person?

Yes. If you’re part of the LGBTQ community, a Living Trust offers protection for your estate, as well. It will completely eliminate a living probate, a death probate, and you can minimize or eliminate estate taxes. Further, it provides privacy from prying eyes.

Footer

Our mission is to provide residents of Houston and surrounding areas with quality estate planning resources.

Contact-info

The Childs Law Firm, P.C.

3003 S. Loop West, Suite 540
Houston, TX 77054

Phone : (281) 756-7116
Mon-Fri : 9:00am – 5:00pm

Quick Links

  • About The Academy
  • Disclaimer
  • Privacy Policy
  • Sitemap
  • Contact Us

Newsletter

Learn about what goes into a comprehensive estate plan by signing up for our newsletters.

© 2022 American Academy of Estate Planning Attorneys, Inc All rights reserved.