The Learning Center for Estate Planning

Without a will, power of attorney and health care proxy, a person cannot ensure their wishes will be honored when they become incapacitated or die, which eventually happens to each and everyone of us. Waiting can create unnecessary stress and potential legal complications for them and their loved ones during a very difficult time.

This has always been especially true for LGBTQ people who may receive adverse treatment from the legal system or from estranged families and families of partners during times of crisis.

On November 12th, we presented a webinar on the basics of estate planning with specific attention to LGBTQ+ issues. Here are elements from that webinar including:

A video of the presentation

The Questions audience members asked and the Answers from our team of attorneys (below)

For those of you who attended the webinar please follow this link to a very short survey. It will help us with programs like this in the future. To take our survey, click here: https://forms.gle/oG4zuX7WsZv28xdw7

Learning & Resource Center:

This Learning Center was created to give you basic information to understand the components of Advance Planning and what to do to get started.

Getting Started

Beginner’s guide to estate planning

Planning for your future pocket guide

Life planning flow chart

Essential documents for life planning

‘In the News’ - Links to recent articles

Learning Resources

Aging in place

Simple guide to advance directives

Info on trusts

Power of attorney or legal guardianship

Guardianships

Guide to surrogate’s court

One pager on spousal refusal

Guide to funeral and burial options\

Webinar Q&A Responses from our participating Attorneys can be found here

A video of the presentation can be found here

LGBTQ+ Specific Issues in Planning

MAJOR ISSUES TO BE AWARE OF IN THE SHIFTING LGBTQ+ LANDSCAPE

Articulated by Peggy Haslach, CFP®, CLU® - Planning for Good August 2025

Along with the reversal of gay marriage and reverting back to the practices we had prior to 2014, concerns stem from the changing definitions of certain groups so that their existence is considered fraudulent. For example:

1. Denying transgender individuals federal benefits by using the argument that trans folks are fraudulent or dishonest for claiming they are a gender other than what they were at birth.

2. Delaying Social Security and disability claims for LGBTQ+ individuals.

3. Denying parental rights to same-sex couples.

4. Denying property transfers between same-sex couples.

5. Navigating state versus federal protections.

6. Traveling out of state to receive gender-affirming care.

7. Traveling out of the country with passports that have changed gender markers and not being able to return on that basis.

8. Compounding issues at intersections, such as LGBTQ+ couples where one spouse is a legal immigrant.

It’s not hard to see how many of these concerns will intersect with estate and end of life planning for LGBTQ folks. They are presenteed to frame the environment we face in these hostile times.

LGBTQ-SPECIFIC ESTATE PLANNING KNOWLEDGE RESOURCES

Estate Planning rules vary from state to state. These articles are intended to give you
insight into general special considerations and vulnerabilities in planning faced by the
LGBTQ community. Also, in the current environment, it is important to prepare your
plans defensively againt possible government encroachment as well as you can.

1. LGBT-Focused Estate Planning: Critical Considerations, Issues and Essential
Documents
https://trustandwill.com/learn/lgbt-estate-planning

A short and very general overview of some important points to consider. Not at
all comprehensive.

2. LGBT-Focused Estate Planning:Critical Considerations, Issues and Essential
Documents
https://lgbtqbar.org/wp-content/uploads/sites/6/sites/9/2020/03/LGBT-Bar-Estate-Planning-Lecture-Notes-1.pdf?ref=lookoutnews.org

47 pages of very detailed information and explanations, often state by state, in
easily understandable language.

3. Estate Planning Considerations for LGBTQ Couples
https://www.nolo.com/legal-encyclopedia/six-key-estate-planning-issues-gay-
lesbian-couples.html

With basic information on Wills. Living trusts, avoiding probate, Transfer-on-Death Accounts, Registrations, Deeds, Joint Ownership, Health Care Directives, Financial Powers of Attorney, Final Arrangements. LGBTQ-specific issues - outdated Beneficiary Designations, family conflict, children.