Estate Planning for the LGBTQ+ Community: Protecting What Matters Most

Estate planning is an act of love and protection, and it’s especially vital for the LGBTQ+ community. Regardless of marital status or gender identity, the right legal documents can ensure your wishes are honored, your relationships are respected, and your chosen family has the authority to care for you when it matters most.

Without proper planning, courts may default to next-of-kin, potentially excluding the people who know you best. That’s why we encourage LGBTQ+ individuals and couples to take control through comprehensive life planning.

Here are seven key documents to have in place:

1. Revocable Living Trust: Lets you manage your assets during your lifetime, designate beneficiaries, and control the distribution terms even when you’re no longer here.
   
2. Last Will and Testament: Names who will inherit your property and who will manage your estate after death.
   
3. Durable Power of Attorney: Authorizes someone you trust to handle financial or legal matters if you become incapacitated.
   
4. Health Care Power of Attorney & HIPAA Waiver: Ensures your partner or chosen family can make medical decisions and access records.
   
5. Living Will: States your preferences for life-sustaining treatment or end-of-life care.
   
6. Pet Trust and Care Designation: Ensures your pets are provided for if you’re no longer able to care for them.
   
7. Tangible Personal Property Memorandum: Clarifies who should receive personal items like jewelry, art, or heirlooms. Ironically enough, the items that are fought over the most, usually aren’t worth that much. It is the sentimental value that people are actually fighting over.

These documents aren’t just legal formalities. They’re shields of protection, especially when navigating systems that may not automatically recognize your relationships or identity. Start planning today so your future reflects your values, your love, and your voice. Call 904-329-7242 or visit MarkMossLaw.com to book your complimentary consultation. Life is complicated enough, your plan shouldn’t be.