By Rachel Brunfon and David Rolla, Estate Planning Attorneys at The Rains Law Firm
June is Pride Month, a time to celebrate the many individuals, partnerships, families, and communities that make up the LGBTQ+ community. It is also a reminder that every family deserves the peace of mind that comes from having a thoughtful estate plan in place.
At its core, estate planning is about protecting the people you love and ensuring your wishes are honored. Whether you are married, partnered, raising children, caring for aging parents, or planning for the future on your own, a well-crafted estate plan can provide clarity, protection, and peace of mind.
While many estate planning concerns are universal, LGBTQ+ individuals and families may face unique planning considerations that make proactive planning especially important. Working with attorneys who understand and support the LGBTQ+ community can help ensure those considerations are addressed thoughtfully and respectfully. At The Rains Law Firm, we are proud to be allies to and members of the LGBTQ+ community and to help individuals and families create plans that reflect their unique relationships, values, and goals.
Planning for the Family You Have
One of the greatest benefits of estate planning is that it allows you to create a plan based on your actual relationships rather than relying on default state laws.
For many LGBTQ+ individuals, that may include spouses, partners, children, close friends, or members of a chosen family who have played significant roles throughout their lives. Through tools such as wills, trusts, powers of attorney, and beneficiary designations, estate planning allows you to decide who should inherit assets, make decisions on your behalf, and carry out your wishes.
Without proper planning, those decisions may be left to default legal rules that do not always reflect the relationships that matter most to you.
Marriage Is Important, And It Is Not an Estate Plan
Many people assume that marriage alone addresses all estate planning concerns. While marriage provides important legal rights and protections, it is not a substitute for a comprehensive estate plan.
For example, married individuals should still have powers of attorney, healthcare directives, and updated beneficiary designations. Trust planning may also help address issues such as privacy, asset management, probate avoidance, and long-term planning for children or other beneficiaries.
Estate planning can also provide an added layer of certainty in an ever-changing legal landscape. Laws evolve, court decisions change, and family circumstances shift over time. By clearly documenting your wishes and decision-makers, an estate plan can help ensure that your intentions remain clear regardless of future legal or personal changes.
For LGBTQ+ individuals and families, estate planning can provide an additional layer of certainty and control by clearly documenting wishes and decision-making authority.
Planning for Diverse Family Structures
Today’s families come in many forms, and estate planning should reflect that reality.
Many LGBTQ+ families include blended family dynamics, adopted children, co-parenting arrangements, stepchildren, or children conceived through assisted reproductive technology. Thoughtful planning can help ensure that your documents clearly reflect your intentions and provide for the people you care about.
For parents, estate planning also provides an opportunity to nominate guardians for minor children and establish trusts that can help manage assets for their benefit.
Preparing for Incapacity
Estate planning is not only about what happens after death. It is also about protecting yourself during your lifetime.
A Financial Power of Attorney allows you to appoint someone to handle financial matters if you become unable to do so. A Medical Power of Attorney and Advance Directive allow you to designate trusted individuals to make healthcare decisions and communicate your medical wishes.
For many people, these documents are among the most important parts of an estate plan. They allow you to choose who will speak for you when you cannot speak for yourself. In some situations, a power of attorney may be the only legal authority that allows a trusted partner, friend, or chosen family member to act on your behalf, helping ensure that the people who know you best can advocate for your wishes during a medical emergency or period of incapacity.
Estate Planning Is About Peace of Mind
No two families are exactly alike, and a good estate plan should reflect your unique relationships, values, and goals.
At The Rains Law Firm, we are proud to serve individuals and families from all walks of life. Attorneys Rachel Brunfon and David Rolla have a particular interest in helping LGBTQ+ individuals and families create plans that protect the people who matter most.
This Pride Month, we celebrate the diversity of families and communities throughout Colorado. Whether you are creating your first estate plan or updating an existing one, thoughtful planning can help provide confidence, clarity, and peace of mind for the future.
If you would like to discuss your family’s goals and planning needs, we would be happy to help.
Schedule a Complimentary Consultation
Whether you are creating your first estate plan or updating an existing one, now is a meaningful time to consider whether your plan reflects the life you’ve built and the people you love.
If you’re unsure where to start—or whether your current plan still meets your needs—we invite you to schedule a conversation with our team. Thoughtful planning today can help provide clarity, protection, and peace of mind for years to come.
Prefer to speak with us directly? Call 720-528-4227
The Rains Law Firm proudly serves Coloradans across the state,
with offices throughout the Denver Metro Area.
Disclaimer
This article is for informational purposes only and does not constitute legal advice.
Reading this article does not create an attorney-client relationship.