gtag('config', 'UA-18022430-3'); Skip to main content

Georgia Estate Planning Lawyer for the LGBTQ Community

Throughout our country’s history, the LGBTQ+ community has had to fight to be afforded the same securities heterosexual couples are guaranteed. And unfortunately, without proper LGBTQ+ estate planning, that fight can continue even after death.

While progress has been made in recent years and same-sex marriage is now legal in all 50 states, same-sex couples must continue to be diligent and thoughtful when it comes to their estate planning efforts.

Georgia was one of the last states to legalize same-sex marriage. In fact, it was banned until the Supreme Court ruled on it in 2015 for all 50 states. And the sad truth is that there are still cities, businesses, and people throughout Georgia who refuse to acknowledge this ruling and create difficulties for the LGBTQ+ community.

At Marietta Estate Planning, we work with all people to help them create a plan for their future and their family.

Call to schedule your consultation

Georgia Estate Planning Lawyer for the LGBTQ Community

Throughout our country’s history, the LGBTQ+ community has had to fight to be afforded the same securities heterosexual couples are guaranteed. And unfortunately, without proper LGBTQ+ estate planning, that fight can continue even after death.

While progress has been made in recent years and same-sex marriage is now legal in all 50 states, same-sex couples must continue to be diligent and thoughtful when it comes to their estate planning efforts.

Georgia was one of the last states to legalize same-sex marriage. In fact, it was banned until the Supreme Court ruled on it in 2015 for all 50 states. And the sad truth is that there are still cities, businesses, and people throughout Georgia who refuse to acknowledge this ruling and create difficulties for the LGBTQ+ community.

At Marietta Estate Planning, we work with all people to help them create a plan for their future and their family.

Call to schedule your consultation

Why is Estate Planning Important?

Estate planning is the process of making a comprehensive plan to manage all your assets, property, and possessions after your death. This could include a will or any number of other documents that decides how assets and property will be divided.

It is a common misperception that estate planning is for individuals with substantial wealth. In fact, estate planning is a legal contract that most married couples can benefit from.

Proper estate planning can protect the people closest to you from the IRS upon death, minimizing the tax burden of transferring your assets while your loved ones are most vulnerable.

While the federal government has passed laws recognizing same-sex marriage, some cities, businesses, and individuals continue to oppose the legislation. This has led to unnecessary challenges for LGBTQ+ couples who simply want equality and to do what is best for their family.

Call to schedule your consultation

How to Get Started on Your Georgia Estate Plan

Finding an attorney in Georgia who is experienced and understands the goals and concerns of the LGBTQ+ community is the first step to getting started with your estate planning.

Once you have set goals, your attorney can help you to make an estate plan to achieve your needs for security both during your life, as well as after you are gone.

With the help of your attorney, your plan might include:

  • Naming a guardian for your children.
  • Setting up a trust or providing financial support for children in case of death.
  • Making a plan to ensure assets are managed by a person of your choosing and to ensure a person of your choosing can make health choices for you.
  • Creating a retirement plan, which may be important if your marriage was delayed due to laws and you do not qualify for social security on your spouse’s work record.
  • Creating a legacy plan to ensure money and property are left to your family

Important Documents for Estate Planning in Georgia for the LGBQT+ Community

There are a variety of documents to choose from that could be helpful for your estate plan. Here are some of the most common ones that Marietta Estate Planning can help you with:

Georgia Advanced Directives for Healthcare

The advanced directives for health care documents are for designating someone to make medical decisions on your behalf, stating your treatment preferences, and naming a guardian.

For the LGBTQ+ community, this is particularly important because providers and courts often look to your closest biological family member to make decisions for you.

Georgia Power of Attorney

This document allows you to appoint someone who is able to access your money and other assets, and can make financial decisions on your behalf.

This is important for the LGBTQ+ community because if this document is not executed, no one will be able to access your finances unless a guardianship proceeding is filed in court. Again, your closest biological family member will be appointed of this if taken to court and not your partner or spouse.

Georgia Last Will & Testament

Your will details the distribution of your property after your death. You name someone to distribute your property, including any pets that you own, and you name a guardian for any children. Your will does not go into effect until after your death.

Again, if this is not executed your closest biological family member will be chosen.

Contact Marietta Estate Planning today

At Marietta Estate Planning, we know this process can be overwhelming – and with the difficulties the LGBTQ+ community faces, it can make things feel even more daunting. When you are ready to move forward or want to speak with an attorney about your estate planning needs, please reach out to us. We are ready to work with you to make the perfect plan for you, your family, and your future.

* While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer.

To schedule a meeting with our team, please complete the intake form.