Why work with an estate planning attorney?
We can help you create plan that will bring your wishes to fruition when the time comes. To set the wheels in motion, send us a message or call our office at 817-899-3286 to schedule a complimentary consultation in our Southlake or Fort Worth office.
When should you update your estate plan?
Review your plan after major life events such as marriage, divorce, adoption, or a new home purchase. Federal and state rules affecting LGBTQ families continue to evolve. Regular updates keep your documents aligned with current law and your personal situation.
How can you plan for incapacity or medical emergencies?
A medical power of attorney and HIPAA authorization allow your partner or spouse to access medical records and communicate with doctors.
You can add a living will that outlines treatment preferences, including life-sustaining measures. These documents prevent confusion and protect your right to choose who makes decisions on your behalf.
What happens if you do not create an estate plan?
Without legal documents, Texas intestacy law determines who inherits your assets. The law favors legal relatives, not unmarried partners or chosen family.
If you lose capacity, relatives could make health or financial decisions instead of your trusted person. Creating a plan eliminates those risks and secures the outcome you want.
How do beneficiary designations affect your plan?
Accounts such as life insurance, IRAs, and payable-on-death bank accounts pass directly to named beneficiaries. If you recently married, divorced, or changed partners, review those designations.
Outdated information could leave assets to an unintended person. Keeping these forms current helps your estate plan reflect your life today.
What role does a living trust play?
A revocable living trust lets you transfer assets without court involvement after death. It can preserve privacy and reduce administrative delays.
This tool is especially valuable when your beneficiaries include nontraditional family members or friends, since it establishes clear control over property transfers.
Can you include chosen family in your plan?
You can leave property to anyone through a valid will or trust, regardless of blood or marital status. However, informal promises or handwritten notes don’t carry much weight in court.
A properly executed plan gives your chosen family clear legal rights and prevents interference from those who may challenge your decisions.
How do you name the right people to handle your affairs?
Texas law follows written designations. If you do not name your preferred representatives, state law may assign those roles to relatives instead.
By naming an executor, trustee, and agents under powers of attorney, you select who manages your finances, health care, and estate administration. This prevents family members who may not share your values from taking control.
What about children and parental rights?
Even if both parents appear on a birth certificate, formal adoption may still be required for full legal recognition in all jurisdictions. This is especially important for children born through assisted reproduction or surrogacy.
You protect your child’s rights by confirming legal parentage and naming guardians in your will.
How can you protect your spouse or partner?
You can direct how property passes and who acts for you through several key documents:
- Your will names beneficiaries and an executor to manage your estate. • A revocable living trust holds property during your lifetime and transfers it privately after death. • You can use a durable power of attorney to authorize financial decisions if you cannot act for yourself. • Health care directives and a medical power of attorney name the person who may speak with doctors and make treatment choices.
Do Texas laws protect my partner automatically?
Texas law gives inheritance and decision-making rights to legal spouses. If you are not married, your partner receives no automatic rights to your estate or medical decisions.
A will, durable power of attorney, and health care directives give you control over those outcomes. These tools prevent disputes and protect both partners in a non-marital relationship.
What makes LGBTQ estate planning unique?
Estate planning involves more than distributing property. For LGBTQ individuals and couples, it often includes confirming parental rights, naming trusted decision-makers, and securing inheritance for chosen family.
Legal recognition of marriage does not automatically address all personal or family structures. Planning fills those gaps with documents that carry enforceable authority.