Wills and Trusts

Wills and trusts are key components of estate planning and play an important role in the lives of LGBTQ persons. In June 2015, the U.S. Supreme Court ruled that same-sex couples have a fundamental right to marry, but many LGBTQ individuals and couples will choose not to marry.

Estate planning involves the preparation of legal documents that apply during an individual’s lifetime and allows the individual to provide for the disposition of assets after death. Estate planning is particularly essential for unmarried same-sex couples because the couple will be viewed as legal strangers. State intestate succession laws generally do not apply to unmarried couples. Single LGBTQ people use a comprehensive estate plan to ensure their wishes are honored after death. This entry provides an overview of ...