Estate Planning For LGBTQ+ Individuals And Couples
Even before same-sex couples could legally marry in Arkansas, estate planning was essential when bonded partners shared real estate and other assets. Without legal marriage as an option, it was more burdensome, but still possible through testamentary documents and other strategies, for LGBTQ+ couples to ensure mutual care beyond death.
Robertson, Oswalt, Nony & Associates has always offered these services to same-sex couples as well as to the general public. We offer individualized estate planning services that focus on your needs and desires.
We also offer family law services tailored to your needs
What Marriage Means And How Estate Planning Can Further Protect You Both
Since June 2015, gay marriage has been legal in Arkansas. Estate planning, including the following, remain a core component of well-thought-out mutual protection for any couple, married or not:
- A will
- A power of attorney
- An advance health care directive
- One or more trusts
Not all cohabiting LGBTQ+ partners choose marriage. Estate planning tools are paramount for domestic partners, too.
For married or unmarried couples, wills, trusts and powers of attorney can confirm medical decision-making rights, simplify legal processes and protect property rights before and after the death of either one.
For The Children’s Sake
Children are often part of family life that LGBTQ+ couples share. Perhaps one of you is the biological parent of a child that the other is also co-parenting. Please consult with an attorney about how to strengthen family ties, in case of the unexpected. If your domestic relationship or marital status changes or if either spouse (or partner) passes away, you can legally protect your child’s well-being through careful planning.
Or you may be a single individual with an LGBTQ+ identity, with a biological or adopted child. We urge you to be proactive and discuss estate planning with a lawyer.
What If You Have A Prenup Or Postnup?
If marriage is in your future or you are already married, a prenuptial or postnuptial agreement created before or after you tie the knot can clarify your intentions for your assets in case of changes in your relationship.
Our estate planning attorneys can use any existing marital agreement as a starting point toward planning for the unknown. We can ensure that your will and other testamentary documents do not conflict with your prenup or postnup.
Get The Conversation Started
Were either of you in a domestic partnership before your same-sex marriage? Are you facing probate with potential legal complications because of a past relationship? Let us guide you to the right estate planning and administration solutions for your family.