LGBTQ Estate Planning attorneys work with same-sex couples, who unfortunately face Estate Planning challenges that most attorneys are not trained to address. Without a carefully drafted Estate Plan, your partner, spouse, or chosen family may have no legal right to make decisions on your behalf or inherit what you intend for them to inherit.
The Farr Law Firm is a dedicated LGBTQ Estate Planning law firm serving clients across Virginia, Maryland, and Washington, DC. Our team understands the specific legal needs of the LGBTQ community, from protecting same-sex couples to planning for transgender individuals and LGBTQ families with children.
We have an entire sub-website devoted to LGBTQ Planning: www.LGBTQElderLaw.com and a page on LGBTQ Legal Rights, Benefits, and Long-Term Protection.
Why LGBTQ Estate Planning Requires Specialized Legal Guidance
Standard Estate Plans are built around assumptions that do not always apply to LGBTQ individuals and families. A lawyer who does not understand the specific legal landscape for the LGBTQ community can leave serious gaps in your protection.
Risks for Same-Sex Couples without a Proper Estate Plan
Even married same-sex couples can face legal challenges when a spouse becomes incapacitated or passes away. Hostile family members may contest your rights. Courts in some states may not recognize your relationship without the right legal documents in place.
Protecting LGBTQ Families and Chosen Family Members
Many members of the LGBTQ community have chosen family members, close friends, partners, or others, who are not recognized under default inheritance laws. Without a valid Estate Plan, your chosen family has no guaranteed legal standing.
LGBTQ Estate Planning Services We Provide
The Farr Law Firm provides full-service Estate Planning for LGBTQ individuals and families across Virginia, Maryland, and DC. Every Estate Plan is built around your specific situation — your family structure, your relationships, and your goals.
Wills and Trusts for LGBTQ Clients
A properly drafted will or trust ensures your assets go to the people you choose, not to whoever state law defaults to. We prepare revocable living trusts, special needs trusts, and the proprietary Living Trust Plus® Medicaid Asset Protection Trust for LGBTQ clients who need added protection.
Powers of Attorney and Medical Directives
A durable Power of Attorney and a valid medical directive give your partner or designated agent the legal authority to act for you during a medical crisis. Without these documents, hospitals and courts may defer to biological family members, even if that is not your wish.
Probate Avoidance and Estate Administration
Going through probate is expensive, public, and slow — and it creates an opportunity for disputes. We help LGBTQ families structure their estate to avoid probate wherever possible, protecting both your assets and your privacy.
Special Needs Planning for LGBTQ Families
LGBTQ families with a child or dependent who has a disability need a plan that protects their loved one’s access to government benefits. We prepare Special Needs Trusts that preserve Medicaid and SSI eligibility for your dependent.
Why Farr Law Firm for LGBTQ Estate Planning
Farr Law Firm brings decades of dedicated Elder Law and Estate Planning experience to every LGBTQ client we serve, and we’ve served thousands. Our firm was founded by Certified Elder Law Attorney (CELA) Evan H. Farr — a four-time Amazon bestselling author, creator of the Living Trust Plus® family of trusts, and one of the top-ranked elder law attorneys in Virginia, Maryland, and the District of Columbia, according to SuperLawyers.com and Best Lawyers in America, among other highly respected ranking organizations. We also have team members who are in same-sex marriages and have beloved family members in same-sex marriages, domestic partnerships, and other same-sex relationships, so our team is, of course, accepting and nurturing of this family dynamic.
Frequently Asked Questions
What is LGBTQ Estate Planning?
LGBTQ Estate Planning is the process of creating legally binding documents that protect your partner, spouse, children, or chosen family members in ways that standard default laws may not. For LGBTQ individuals and same-sex couples, documents like wills, trusts, powers of attorney, and medical directives are essential, because without them, state law may favor biological relatives over the people you have chosen.
Do same-sex married couples still need Estate Planning?
Yes. Marriage provides important legal protections, but it does not eliminate the need for a full Estate Plan. Without a will or trust, your estate still goes through probate, a costly, public court process. And without a medical directive and Power of Attorney, hospitals may not recognize your spouse’s authority during a medical crisis.
Can a family member challenge an Estate Plan created for an LGBTQ individual?
Yes, and for LGBTQ individuals, hostile biological relatives sometimes do attempt to contest a will or trust. A properly drafted Estate Plan with the right legal protections in place significantly reduces this risk, and the Farr Law Firm builds plans structured to hold up against any such challenges.