Estate planning is important, particularly when there are concerns that relationships with your loved ones may not be recognized by the law. I usually try to brighten my posts with a little humor, but there is no sugar coating this. Same sex couples and other members of the LGBTQIA+ community need a good estate planning attorney (and family law attorney) now more than ever. This has weighed heavy on my mind and I want to get this information out to as many people as possible.
Since Roe was overturned, it is clear that Obergefell v. Hodges is in the sights of many of the powers that be. Even with the protections currently available, there are often special estate planning considerations when couples aren’t formally married or have children that aren’t the biological or adopted child of both parents. With the ever increasing level of uncertainty, there are now even more contingencies that need to be addressed.
People often assume their wishes will be honored or the law will protect those they love, but that is far from guaranteed even for relationships that are recognized and fully protected under the law. The time, effort, and cost of getting one’s affairs in order NOW will save generally far more time, effort, cost, grief, stress, etc. in the event of a serious injury, disability, or death.
This isn’t a call necessarily to hire this firm, though we are happy to help. It is more important to me that people talk to an attorney experienced in probate and estate planning law who isn’t going to try to fit you into a boilerplate form when you do not have a boilerplate life (spoiler alert: very few people do). Based on the messes I have seen, this is not the time to use a fill-in-the-blank form, online software, attorney who borrowed a form from someone who knows what they are doing, paralegal or notary who thinks they know as much as an attorney, or to rely on an handwritten Will. Even if these documents check off all of the boxes to make it technically enforceable (which is not always the case), language matters. People only prepare for what they know to expect. An experienced estate planning attorney will prepare for things you never even considered or don’t know how to successfully avoid. They will be able to properly advise you on what documents make the most sense for you and who you should be naming in those documents. While some documents such as Medical Power of Attorney and Durable Power of Attorney are important fo everyone to have, it is not always clear whether a Will or Trust makes more sense or if tools such as Transfer on Death Deeds are appropriate. Additionally, there are some common mistakes people make, even with Powers of Attorney, when choosing agents.
Estate planning isn’t just about Wills. It is also about making sure that the RIGHT people – meaning the people you trust – have the power to act on your behalf when needed. It is about making sure the WRONG people (who might receive preferential treatment under the law) are prohibited from handling your medical and financial affairs during life and estate/final arrangements after death.
If you are worried about getting something in place ASAP, we can generally complete the process start to finish in 2-4 weeks, depending on how long it takes the client to review and approve the documents. We do offer expedited services for an additional fee as well. I am up front about fees – some information is provided here. If you have a group of people who all need their documents done and are willing to sign their documents at the same time, I may be able to offer a discount.
I welcome requests to speak to LGBTQIA+ groups of 8 or more via Zoom or in person, subject to availability, to discuss estate planning in the current climate. I also offer complimentary 30-minute phone and zoom consultations to people interested in hiring the firm for estate planning, probate, or guardianship services.
I will gladly connect people with any resources I have, including family law attorneys, adoption attorneys, CPAs, financial advisors, and other professionals to make sure you are covered from every angle.
You can reach out to the firm by phone at 210-910-8431, EMAIL, or fill out our QUESTIONNAIRE if you are ready to get started. The firm’s offices are in San Antonio, but we can provide services remotely to anyone in Texas.
