LGBTQ Estate Planning Attorney

LGBT Estate Planning

When someone dies or becomes incapacitated, the probate court will make assumptions about what should happen to his or her assets and who should be empowered to make decisions. In the case of someone who is gay, lesbian, bisexual, or transsexual, these assumptions may be exactly the opposite of what the person would have wanted due to the prejudices that exist in society today.

Why You Need a Proper Estate Plan

Everybody needs a proper estate plan to protect his or her beneficiaries. If you are a member of the LGBTQ community, estate planning is important for you for the following reasons:

  • If you are not married to your partner, he or she will not have a right to inherit unless you create a will or trust.
  • If you become ill or incapacitated, your partner may have no say in what happens to you and could even be prevented from visiting you. A family member could be put in charge of your assets and your care.
  • If you have minor children who are not the biological children of your partner, someone else may be named as the guardian of your children.

Sometimes probate courts will pay attention to the partner of the person who is deceased or incapacitated. Other times, the courts will treat the partner as a total stranger.

At Morris Hall, PLLC, we create estate plans with trusts, living wills, powers of attorney, HIPAA forms, and other documents that allow our clients to control what happens to their financial assets, their personal care, and their beneficiaries. It is essential to create these plans before you need them, as waiting until death or incapacity will give someone else too much power over what happens to your assets and will leave all your personal and financial affairs exposed to the public.

Consult the Estate Planning Experts

We are very familiar with the Registered Domestic Partner laws in Arizona and New Mexico and can advise LGBTQ couples as to whether registration is right for them.

At Morris Hall, we can help you plan with confidence so that your assets, your beneficiaries, and your wishes are protected now and after your death. Our legal team is recognized throughout the Southwest for our professional approach and responsiveness to every client’s unique circumstances and needs.

Our offices are located in Phoenix, Tucson, Albuquerque, and communities throughout Arizona and New Mexico. Contact us to arrange a consultation with an experienced lawyer today.