• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • Our Firm
    • About Our Firm
    • Attorney and Staff Profiles
  • Services
    • Asset & Business Planning
    • Dental Practice Law
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • Family-Owned Businesses & Farms
    • Financial Planning Assistance
    • Incapacity Planning
    • IRA & Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Medicaid and Elder Law
    • SECURE Act
    • Special Needs Planning
    • Trust Administration
  • Elder Law
    • Coping With Alzheimer’s
    • Emergency Medicaid & Nursing Home Planning
    • Guardianship & Conservatorship
    • Hospice Care
    • Medicaid Planning
    • Veteran’s Benefits
  • Resources
    • DocuBank
    • Elder Law
      • Elder Law & Medicaid Definitions
      • Elder Law Reports
      • Elder Law Resources
        • Carmel, Indiana Elder Resources
        • Fishers Indiana Elder Law Resources
        • Greenfield, Indiana Elder Law Resources
        • Greenwood Elder Resources
        • Indianapolis Elder Law Resources
        • Lawrence Elder Law Resources
        • Plainfield Elder Resources
        • Zionsville Elder Law Resources
    • Estate Planning
      • Estate Planning Checkup
      • Estate and Gift Tax Figures
      • Estate Planning Definitions
      • Estate Planning Reports
        • Advanced Estate Planning
        • Basic Estate Planning
        • Estate Planning for Niches
        • Trust Administration
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
    • Free Estate Planning Worksheet
    • Frequently Asked Questions
      • Alzheimer’s and Dementia
      • Asset Protection Planning
        • Business Succession Planning
      • Elder Abuse
      • Elder Law
        • Medicaid
        • Medicaid Planning
        • Planning for Long-Term Care
      • Estate Planning
        • Avoiding Estate Taxes
        • Estate Planning for Parents
        • Frequently Asked Questions for Families Without an Estate Plan
        • LGBTQ Estate Planning
        • Women and the Need for Estate Planning
      • Financial Planning
      • Incapacity Planning
      • Legacy Wealth Planning
      • Pet Planning
      • Philanthropy in Your Estate Plan
      • Probate
      • Power of Attorney
      • Serving as Trustee
      • Small Estate Administration
      • Trusts
        • Trust Administration
        • Trust Administration
        • Serving as Executor
      • Understanding Your Social Security Retirement Benefits
      • Wills
        • Contesting a Will
    • Newsletter
    • Pre Consultation Form
    • Probate and Trust Administration
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss Of A Loved One
      • Probate Resources
        • Carmel, Indiana Probate Resources
        • Greenfield Probate
        • Greenwood Probate
        • Indianapolis Probate
        • Plainfield Probate
        • Indiana Probate
        • Zionsville Probate
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
  • Reviews
    • Our Reviews
    • Review Us
  • Areas We Serve
    • Boone County
      • Lebanon
      • Zionsville
    • Hamilton County
      • Carmel
      • Fishers
    • Hancock County
      • Greenfield
    • Hendricks County
      • Brownsburg
      • Plainfield
    • Johnson County
      • Franklin, Indiana
      • Greenwood
    • Marion County
      • Central Indiana
      • Indianapolis
  • Blog
  • Contact Us

Frank & Kraft, Attorneys at Law

Indianapolis Estate Planning Attorneys

CONNECT WITH US TODAY(317) 684-1100

Attend a Free Workshop
Home » LGBTQ+ Estate Planning Remains Necessary

LGBTQ+ Estate Planning Remains Necessary

June 29, 2021LGBTQ Estate Planning

Indianapolis estate planning

Members of the LGBT community and their supporters have finally achieved some tangible results in their battle for equality in recent years. Does that mean that the heightened need for estate planning is no longer applicable to members of the LGBTQ+ community? Not necessarily. While the recent victories are cause for rejoicing, estate planning remains important for members of the LGBTQ+ community according to the Indianapolis estate planning attorneys at Frank & Kraft.

Recent LGBT Victories

Members of the LGBTQ+ community have been battling discrimination and prejudice a well as fighting for equality for a very long time in the United States. Not long ago, laws across the country banned same-sex couples from marrying and almost all state and federal benefits refused to recognize a same-sex marriage even if it was legally performed in one of the few states that allowed same-sex couples to marry. The LGBTQ+ community scored a major victory in the fight for equality, however, when the Supreme Court finally took on the issue of same-sex marriage, declaring that states must allow same-sex couple to marry and must recognize same-sex marriages from other states.  Along with the ability to formally recognize a lifelong commitment, the right to marry also comes with several additional legal and practical benefits, many of which are related to estate planning. That does not mean, however, that LGBTQ+ members no longer need to be vigilant where estate planning is concerned. 

Ongoing Estate Planning Concerns for the LGBTQ+ Community

The right to legally marry does make some estate planning concerns evaporate; however, not all. For example, marriage means that your spouse will inherit from your estate by law. It also gives your spouse rights to many state and federal benefits to which you are entitled, such as veterans benefits and Social Security retirement benefits. It does not, however, open the door to all such benefits nor does it force family members or even businesses to acknowledge your relationship.  One of the biggest concerns for LBGTQ+ members continues to be the attitude of family members. If your family has not yet accepted your same-sex marriage or relationship, your spouse/partner could be shut out of the decision-making process entirely in the event of your incapacity or death if you failed to plan ahead and a costly and painful legal battle may follow. 

If you have minor children, the ability to legally marry does not always resolve issues related to those children. Your spouse may still need to adopt your children for him/her to have automatically recognized legal rights to them. Without legal action in one form or another, your child’s other parent might not have the legal right to care for your child in the event of your death or incapacity.

In addition, many older LGBTQ+ adults are concerned about how they will be treated during their “Golden Years.” A national AARP survey, “Maintaining Dignity: Understanding and Responding to the Challenges Facing Older LGBTQ+ Americans,” asked members of the LGBTQ+ community several questions related to aging and how being a member of the LGBTQ+ community affects their outlook on growing older. Data was collected from October 27 to November 12, 2017 through an online survey of 1,762 lesbian, gay, bisexual, and transgender Americans age 45 and older. Among some of the more informative findings were the following:

  • 67 percent of respondents said they would be very or somewhat concerned about neglect
  • 62 percent are worried about abuse
  • 61 percent have a fear of physical harassment
  • 61 percent wondered whether they would be refused access to services or face limited access
  • 52 percent thought they might not be able to be out or would be forced to hide or deny their identity.

Unfortunately, the survey results highlight the ongoing concerns of members of the LGBT community and the continued importance of thorough estate planning.

Estate Planning Can Help

Fortunately, a well thought out and comprehensive estate plan can resolve many of the remaining issues faced by members of the LGBTQ+ community. If you are a member of that community, now is not the time to let down your guard. On the contrary, now is the time to remain vigilant until the day comes when all barriers to equality are broken down.

Contact Indianapolis Estate Planning Attorneys

For more information, please join us for an upcoming FREE seminar. If you have additional questions or concerns about estate planning for members of the LGBTQ+ community, contact the experienced Indianapolis estate planning attorneys at Frank & Kraft by calling (317) 684-1100 to schedule an appointment.

  • Author
  • Recent Posts
Paul A. Kraft, Estate Planning Attorney
Paul A. Kraft, Estate Planning Attorney
Paul Kraft is Co-Founder and the senior Principal of Frank & Kraft, one of the leading law firms in Indiana in the area of estate planning as well as business and tax planning.

Mr. Kraft assists clients primarily in the areas of estate planning and administration, Medicaid planning, federal and state taxation, real estate and corporate law, bringing the added perspective of an accounting background to his work.
Paul A. Kraft, Estate Planning Attorney
Latest posts by Paul A. Kraft, Estate Planning Attorney (see all)
  • Debunking Estate Planning Myths - May 30, 2023
  • Do I Need an Indiana Advance Directive? - May 25, 2023
  • Which Document Is More Important in My Estate Plan — a Will or a Living Trust? - May 23, 2023

Other Articles You May Find Useful

Indianapolis estate planning
LGBT Estate Planning Remains Necessary
For LGBT couples, estate planning has long been something that was considered to be too difficult to manage. That needs to change. In fact, LGBT estate planning should be a central point of emphasis for all families in the LGBT community.
Do You Have the LGBT Estate Planning You Need?
For LGBT individuals, 2016 was a disappointing year that saw no serious effort made to provide them with the civil rights protections they need. Learn more about how the legislature failed to act.
Indiana Legislators Debate LGBT Protections

Primary Sidebar

Frank & Kraft, Attorneys at Law

Follow Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube

Blog Subscription

Signup for our blog to receive our latest estate planning insights!

Where We Are

Frank & Kraft Attorneys at Law
135 N. Pennsylvania Street Suite 1100
Indianapolis, IN 46204-2485
Phone: (317) 684-1100
Fax: (317) 684-6111

See Larger MapGet directions

Office Hours

Monday8:00 AM - 5:00 PM
Tuesday8:00 AM - 5:00 PM
Wednesday8:00 AM - 5:00 PM
Thursday8:00 AM - 5:00 PM
Friday8:00 AM - 5:00 PM

Map

frankkraft_sidbr_map

Footer

  • Advantages of Working With Our Firm
  • About The American Academy
  • Disclaimer
  • Privacy Policy
  • Sitemap
  • Contact Us

Connect with Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
footer-logo

Frank & Kraft Attorneys at Law
Attorney Advertisement

© 2023 American Academy of Estate Planning Attorneys, Inc.

© 2023 · American Academy of Estate Planning Attorneys, Inc. | Disclaimer | Privacy Policy | Sitemap | Contact Us