Living trusts for LGBTQ couples

Now that the fundamental right to marriage equality is enjoyed by LGBTQ couples, estate planning is just as important for the LGBTQ community as it is for opposite-sex couples when it comes to protecting financial assets, choosing and naming a guardian for minor children, and ensuring that assets are distributed according to an individual’s wishes after their death.

If you are in a same-sex relationship in California, whether married or in a registered domestic partnership, and need guidance in the area of estate planning, California Living Trusts should be at the top of your list of estate planning attorneys to contact.

Our attorneys offer clients quality estate planning services to ensure your intentions are followed and to help protect yourself and your partner’s interests. We are a family owned and operated law firm, therefore, we understand the issues that our clients and their families face. 

The best options for you

When looking for estate planning advice, you need to find an attorney that has experience dealing with concerns that are unique to the LGQTQ community in California and the U.S.

When creating an estate plan for an LGBTQ couple, there are a number of considerations, especially if they had chosen not to marry, but have entered into a non-marriage alternative such as a domestic partnership or civil union:

  • Who will have the legal right to make healthcare decisions for you?
  • Who will take care of any minor children in the event that both of you cannot?
  • How can you ensure that your financial as well as personal wishes will be respected after your death?
  • How does your marital status vs non-marital alternative affect your tax burdens?
  • Do the beneficiary designations on your retirement accounts/life insurance reflect your wishes?

These are just some of the issues to take into consideration when creating a comprehensive estate plan for LBGTQ couples.

Custom strategies can be created utilizing a wide array of legal services. Designate how your assets are distributed, burial instructions, set up healthcare directives and more.

  • Deeds to transfer CA property
  • Revocable or irrevocable living trusts
  • “Pour-over” wills
  • Healthcare directives/ healthcare power of attorney
  • Financial power of attorney
  • LLC assignment

Start the process

Estate planning should be a priority for anyone, including LGBTQ couples, who have assets and/or a family.  Without it, there is a real risk that your assets, property, or even the care of your children could pass to someone other than your partner.  

The attorneys at the Law Office of David W. Foley, serving clients in the San Diego area as well as throughout Southern California, will take the time to listen and respond to all of your questions and concerns about estate planning, in general, about living trusts for LBGTQ couples, and what you shouldn’t put in a living trust.