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Creating a Loving Legacy: LGBTQ+ Couples Living Together and Estate Planning

Estate Planning for Unmarried LGBTQ+ Partners

A joyful LGBTQ+ family lying on the floor together, smiling. The parents are embracing their young child, creating a warm and loving atmosphere.


Estate planning is a crucial step for any couple, ensuring that your wishes are respected and your loved ones are protected in the event of incapacity or death. While marriage offers certain legal protections, LGBTQ+ couples who live together but are not married can still take steps to safeguard their future. In this beginner's guide, we'll explore important aspects of estate planning for unmarried LGBTQ+ couples, including the power of attorney, wills, probate, and preneed guardianship.

Power of Attorney: Safeguarding Your Interests

A Power of Attorney is a legal document granting someone the authority to make decisions on your behalf when you cannot do so. This document becomes particularly important for LGBTQ+ couples who are not married, as they may face additional challenges in medical and financial matters.

Within this document, you can designate your partner as your agent, giving them the ability to make important decisions regarding healthcare, finances, and legal matters if you become incapacitated. It's crucial to discuss your wishes with your partner and consult with an attorney to ensure the document meets all legal requirements.

Crafting a Will: Protecting Your Wishes and Assets

A will is a legal document that outlines how you want your assets to be distributed after your death. A well-drafted will is essential for unmarried couples to ensure their partner is included in their estate plan. Without a will, your assets may not pass to your partner automatically, potentially causing complications and disputes.

In your will, you can specify how you want your assets to be distributed, name your partner as a beneficiary, and even address any specific wishes, such as charitable donations or guardianship of children. Be sure to consult with an attorney specializing in LGBTQ+ estate planning to ensure your will is legally binding and reflects your intentions.

Navigating the Probate Process: Simplifying Estate Settlement

Probate is the legal process through which a deceased person's assets are distributed, and debts are settled. While some assets may bypass probate, such as jointly owned property or assets with designated beneficiaries, it's important to understand how probate works for unmarried LGBTQ+ couples.

By having a will, you can provide clear instructions for the distribution of your assets, which can simplify the probate process. However, it's worth noting that probate can still be time-consuming and expensive. Exploring alternative estate planning tools, such as living trusts, with the guidance of an attorney can help you streamline the distribution of your assets and minimize probate-related challenges.

Preneed Guardianship: Securing the Future of Dependents

For LGBTQ+ couples who have children or dependents, preneed guardianship is a critical consideration. Suppose something were to happen to both partners. In that case, a preneed guardian ensures that the care and well-being of your children or dependents are protected according to your wishes.

Through a preneed guardianship designation, you can name a trusted individual to assume responsibility for your children or dependents if you can no longer do so. It's essential to discuss this decision with potential guardians and ensure they are willing and capable of fulfilling the role. An attorney can guide you through the process of establishing a legally binding preneed guardianship.

Seeking Professional Guidance: LGBTQ+-Friendly Estate Planning Professionals

When it comes to estate planning as an unmarried LGBTQ+ couple living together, it's essential to work with professionals who possess the necessary expertise and are strong advocates for the LGBTQ+ community.

At the Soto Law Office, P.A., we are committed to creating a safe and inclusive environment where individuals of all sexual orientations and gender identities feel welcomed and supported. As staunch advocates, we actively champion LGBTQ+ rights and equality.

As members of the Pride Chamber and dedicated volunteers with local LGBTQ+ organizations, we actively contribute to the betterment of the community we serve. Our involvement allows us to gain valuable insights and stay updated on the unique legal challenges faced by LGBTQ+ couples.

Choosing the Soto Law Office, P.A. means choosing estate planning professionals who genuinely understand your needs and concerns. We approach each client with empathy, compassion, and a deep commitment to protecting your rights and wishes.


In the journey of estate planning as an unmarried LGBTQ+ couple living together, it is vital to find compassionate allies who are committed to your unique needs and aspirations. At the Soto Law Office, P.A., we possess the expertise necessary for estate planning and proudly stand as advocates and supporters of the LGBTQ+ community.

By choosing our services, you can trust that we will provide a safe and inclusive space where your identity and relationship are respected. We will listen attentively to your concerns, guide you through the complexities of estate planning, and ensure that your rights and wishes are protected.

Book a consultation with the Soto Law Office, P.A. today and experience the difference of working with professionals who are genuinely dedicated to your well-being. Together, we will create a comprehensive estate plan that safeguards your future, celebrates your love, and embraces the diversity of your relationship.


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