For a long time, there were many complicated LGBT estate planning issues that needed to be addressed because LGBT individuals were not allowed to marry the person who they loved. This created substantial complications for many reasons. A life partner was often unable to make medical decisions on behalf of an incapacitated loved one, and assets could not easily be transferred from one life partner to the other without the risk of incurring estate tax when an estate was large. And these were just a few of the many issues that commonly arose as a result of discrimination. 
Today, Obergefell v. Hodges has made gay marriage legal across the land, which has simplified estate planning issues for many homosexual couples. However, this does not mean that all LGBT estate planning issues have simply disappeared. There is still discrimination that exists, not every family is accepting of their loved one’s gender and sexuality, and there may be more complex family relationships to address.
Because there are still so many potential LGBT estate planning issues, it is important for individuals and couples who are homosexual, transgender, or gender nonconforming to make certain to work with a compassionate and knowledgeable legal professional who understands the law and the specifics of their situation. Frank & Kraft is here to help. Give us a call to find out how our LGBT estate planning lawyers can provide the personalized assistance you need.
What Kinds of LGBT Estate Planning Issues Do You Need Help With?
The specific kinds of LGBT estate planning issues that you may need to deal with can vary dramatically based on your family situation. Some of the common problems that you may need to address include:
- Non-supportive family members: If your biological family does not support your sexuality or gender identity, this can create a host of problems. You may be worried about your family challenging your will and contesting your wishes after you pass on, especially if you leave money or property to a same sex partner. You may also be concerned, if you are transgender, that your family will try to memorialize you as a person of your birth gender. This could lead to things like your birth name being used in an obituary even though you have changed your name, or being buried in clothing of your birth gender. You need to address these issues by making advanced plans and using the right tools so non-supportive family members cannot have an adverse impact on your legacy.
- The care of minor children: If you have minor children who you are raising with a life partner and the non-biological parent has not formally adopted the children, this can create serious problems if the biological parent passes away. You want to ensure that you have clear and enforceable instructions in place regarding who the child’s guardian should be if something should happen to the biological parent.
There may also be other LGBT estate planning issues that affect your life. Frank & Kraft will work closely with you to evaluate your goals, discuss your personal and family situation, and ensure that you are given the help that you need to control your legacy.
Getting Help from an LGBT Estate Planning Lawyer
An LGBT estate planning lawyer at Frank & Kraft can provide the personalized assistance that you need to make smart choices about your plans for the future. Whether you are single, married, gay, straight, transgender, or cisgender, you deserve to control your legacy and to control what happens to your money and property after you pass on. You also deserve to be able to protect and provide for the people you love after you are gone.
Our legal team will help you to identify the obstacles or issues that could prevent you from being able to control your destiny and provide for your loved ones after your passing. To find out more about how our firm can help with LGBT estate planning issues, join us for a free seminar. You can also give us a call at 317-684-1100 or contact us online at any time for personalized advice.
Paul A. Kraft, Estate Planning Attorney
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.
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