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Estate Planning for LGBTQ Couples: A New Haven Estate Planning Attorney Explains How to Protect Your Rights and Choices

Steven Rubin

March 6, 2025

Estate planning is based on state and federal laws which are subject to change at any time. For many members of the LGBTQ community, that can be not only anxiety-provoking but a genuine concern when planning for the future. The good news is that having a comprehensive estate plan gives you control over how your affairs are handled—both during your life and after your death—while minimizing government and court involvement and maintaining as much privacy as possible.

Understanding Your Rights and Options

While marriage equality is now federal law, many LGBTQ couples still face unique estate planning challenges. Some may choose not to marry, while others worry about potential legal changes or family conflicts affecting their wishes. A well-crafted estate plan can help address these concerns and protect your choices.

Essential Planning Tools

Working with an experienced New Haven estate planning attorney, you can create legal documents that clearly express and protect your wishes:

A comprehensive estate plan typically includes an advance healthcare directive that names your partner as your healthcare agent and outlines your medical preferences. This ensures your partner can make medical decisions on your behalf and access your medical information if needed.

A financial durable power of attorney allows your partner to manage your financial affairs if you become incapacitated, preventing potential challenges from family members who might otherwise claim this authority.

A will or trust clearly states how you want your assets distributed, helping prevent family members from challenging your partner's inheritance rights. A trust can offer additional privacy and potentially avoid the public probate process altogether.

Beyond Basic Documents

For many LGBTQ couples, additional planning considerations might include:

• Protecting inherited assets from potential future legal changes

• Ensuring children have secure legal relationships with both parents

• Creating clear documentation about gender identity preferences for medical care

• Protecting privacy in public records

• Planning for potential family conflicts or challenges

The Importance of Professional Guidance

Every family's situation is unique, and the legal landscape continues to evolve. Working with a knowledgeable New Haven estate planning attorney who understands LGBTQ-specific concerns can help ensure your plan is both comprehensive and adaptable to potential future changes.

Taking Control of Your Future

While you can't predict how laws might change, you can take steps today to protect your choices and your loved ones. Call our office at 203-877-7511 to schedule a consultation with a New Haven CT estate planning services attorney who can help you create a plan that reflects your wishes and protects your rights.

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