By LORIE BURCH
Special Contributor
When life feels unpredictable, it’s natural to want something solid to hold onto. For the LGBTQ+ community, that means making sure the love and family you’ve built are protected, no matter how laws or attitudes might shift.
The truth is, we’re living in a time of both progress and uncertainty. Yes, marriage equality has been the law of the land for nearly a decade, and public support is stronger than ever. However, we’re also seeing challenges: lawsuits that question federal protections, state-level efforts to limit recognition of LGBTQ rights, and gaps in how employers and institutions apply the rules.
(EDITOR’S NOTE: Just this week the Tennessee House of Representatives passed a measure allowing private citizens and organizations to refuse to recognize same-sex marriages.)
These uncertainties don’t erase the love you share, but they do highlight why planning ahead is so important.
That’s where LGBTQ+ estate planning comes in. Having the right documents in place means your partner has a voice in critical moments, your assets are distributed as you intend and your family (however you define it!) remains secure even if the legal or political climate shifts.
In this article, we will walk through:
• The relationships recognized under the law
• The challenges LGBTQ couples continue to face
• The essential estate planning documents every couple should consider
• Strategies that will help protect your legacy in Texas.
Understanding Legal Relationships
The protections available to LGBTQ couples vary depending on whether you’re legally married, in a civil union or domestic partnership agreement or unmarried. Knowing where you stand legally is the first step toward creating a plan that fills in the gaps and protects your partner.
Same-sex marriages and marriage equality
Since Obergefell v. Hodges in 2015, marriage equality has given LGBTQ couples rights that were once unthinkable: inheritance rights, hospital visitation and the ability to make decisions for each other in critical moments.
Still, we know that recognition isn’t always consistent. A hospital administrator in a conservative Texas county, an employer with outdated policies — these situations can cause heartbreaking delays if your wishes aren’t clearly documented.
Additionally, the legal landscape remains precarious, as reported by Advocate. More than 30 states still have “trigger laws” on the books — statutes or constitutional provisions banning same-sex marriage that would snap back into effect if Obergefell were overturned.
While the 2022 Respect for Marriage Act does protect existing marriages federally, those laws don’t prevent states from refusing to issue new licenses if the court revisits its decision.
In this environment, it’s not enough to rely on the law of the moment. You need a legally robust plan that secures your relationship, no matter what appears in the headlines.
Civil unions and domestic partnerships
Some couples choose legal unions or domestic partnerships instead of marriage. These arrangements can provide some protections, but they’re not always recognized the same way across state lines or even by federal agencies.
That patchwork leaves gaps, especially when it comes to estate taxes, inheritance, and medical decision-making.
Differences for unmarried couples
Unmarried partners face even bigger hurdles. Without legal documents in place, you may not have a say in discussions with healthcare providers or financial decisions if your partner is incapacitated. Assets you’ve built together may end up in the hands of estranged family members instead of the person you’ve chosen to share your life with.
Challenges LGBTQ couples face in current times
Even with progress in marriage equality and broader public support, LGBTQ couples still face hurdles that can affect their security. Laws don’t always move as quickly as society, and shifting political climates can create new risks.
Here are some of the most pressing challenges:
Recognition in a changing political climate
Some states continue to test the boundaries of federal protections, leaving couples wondering whether their rights will stand if political winds shift. With ongoing debates about federal court rulings and protections, same-sex couples in states like Texas must be especially proactive.
Protecting the surviving spouse or partner
Without clear documents and legal arrangements, a surviving spouse or partner could be pushed aside. Courts may give preference to biological family members, even when those relationships are strained or distant. The last thing anyone wants is for grief to turn into a courtroom battle.
Family law issues and disputes
We’ve all heard the stories: custody challenges, guardianship disputes, or battles over property when there’s no will. For LGBTQ families, especially those with chosen families or non-biological children, clear planning is the only way to make sure your intentions are honored.
Essential estate planning documents
At the heart of protecting your family and your future are the documents that make your wishes legally enforceable. Without them, Texas law (and sometimes unsupportive relatives) can step in and make decisions you never would have chosen.
Here are the key documents every LGBTQ couple should consider:
Wills and living trusts
Think of a will or living trust as your voice on paper. They let you decide who receives your assets, who cares for your children, and how your wishes are carried out. Trusts can also help keep your plans private and protect your loved ones from the stress of probate.
Powers of attorney and living wills
These are the “in case of emergency” documents. They make sure the person you trust most (your spouse, your partner, your chosen family) can step in to make medical decisions or handle financial affairs if you can’t.
Without them, a judge could hand that responsibility to someone else.
Beneficiary designations
Retirement accounts, life insurance, bank accounts: These often transfer directly to the named beneficiary. However, there’s a catch: If you forget to update those forms, an ex or estranged relative might still be listed. That one oversight can undo everything you intended.
The role of an estate planning attorney
Even the strongest intentions can fall flat without the right legal support. The right LGBTQ+ estate planning attorney will help you understand Texas probate rules, protect your partner or spouse, and make sure your documents are airtight against challenges.
Here’s what to look for in your attorney-client relationship:
LGBTQ-friendly legal guidance
You want (and need!) an attorney who understands both the legal side and the lived reality of LGBTQ families. Look for professionals who have a track record with those in same-sex relationships and don’t hesitate to ask the community for referrals.
Customized plans for unique family structures
Families today come in all shapes and sizes: blended families, chosen families, co-parents, and beyond. An attorney helps make sure every one of those relationships is acknowledged and respected in your plan.
Making your wishes legally clear
Details are what make an estate plan hold up when it matters most. Even small oversights, like forgetting to update a beneficiary designation or leaving vague instructions, can open the door for disputes.
A skilled attorney helps you anticipate those gaps and put protections in place. That might mean naming your partner not just as a beneficiary, but also as your healthcare agent and financial power of attorney. It could also mean coordinating how your will, trust, and account designations work together, so there are no estate planning concerns for a court to interpret.
LGBTQ estate planning considerations & strategies
Every LGBTQ family is different, but one theme is constant: protecting the people and relationships that matter most requires more than just the basics.
Marriage equality and federal protections provide an important foundation, but they don’t cover the unique challenges faced by blended families, chosen families, or business owners.
Planning for blended or chosen families
Families today don’t always fit a traditional mold. Many LGBTQ couples raise children from earlier relationships, while others consider close friends to be part of their family circle.
Unless your plan specifically includes these loved ones, Texas law may leave them out.
A well-drafted wWill or trust lets you clearly outline who should inherit assets, who should care for children and who you want involved in decision-making.
When you put it in writing, you protect the people who have supported you and help make sure your definition of “family” receives legal recognition.
Business owners and succession planning
If you own a business in Dallas or the surrounding areas, you know how much time and energy it takes to keep things running. Without a succession plan, that effort can unravel quickly if you become incapacitated or pass away.
Proper estate planning allows you to name who will step into leadership, how assets should be divided, and whether your same-sex spouse, partner, or chosen family should be involved in operations. This not only protects your business but also provides stability for employees and clients who rely on it.
Keeping plans updated
Even the strongest plan can lose its power if it isn’t kept current. Laws, tax policies, and family dynamics change over time, and what worked five years ago may no longer protect your partner or children today.
Scheduling regular reviews with your attorney ensures your estate plan reflects life’s changes: new property, new relationships, or updates in Texas or federal law. Staying proactive keeps your wishes enforceable and your loved ones protected, no matter how the legal landscape shifts.
Protecting your legacy & avoiding legal issues in Texas
While federal law offers important protections, Texas probate rules and community property laws can still create uncertainty — especially when families are blended, when chosen family plays a central role or when documents aren’t up to date. Without careful planning, even long-term partners can be left out of critical decisions or inheritances.
These are some of the most important factors to understand:
Texas probate law and LGBTQ rights
In Texas, the probate process often favors biological parents or other family members when someone passes away without a clear estate plan. That means a surviving partner (even a spouse in some contested situations) could find themselves sidelined while distant relatives step in.
For LGBTQ couples, this risk is especially real if family members are estranged or unsupportive. The best way to prevent disputes is to leave no ambiguity: Wills, trusts, and powers of attorney put your intentions in writing and carry legal weight in court.
Spousal rights for same-sex married couples
Marriage equality has expanded same-sex spousal rights in Texas, but marriage alone doesn’t guarantee full protection. If your estate planning documents are outdated, or if your same-sex marriage was performed out of state and hasn’t been legally recognized in a contested case, gaps remain.
These oversights can cause delays, confusion, and even litigation during an already difficult time. Updating your estate plan regularly helps protect your spouse’s rights and avoids costly disputes.
Community property and inheritance rules
Texas follows community property laws, meaning assets acquired during marriage are presumed to belong equally to both spouses. While this provides a foundation, it doesn’t cover every scenario. Without a will or trust, property may still pass according to state law rather than your personal wishes.
Clear estate planning is the best way to make sure the assets you’ve built (together or individually) are transferred exactly as you intend, rather than left to default legal formulas.
Protect your loved ones, no matter what tomorrow brings
At Burch Law, we know estate planning is about more than documents. Our team has years of experience helping LGBTQ couples and families in Dallas and throughout the state of Texas navigate probate, inheritance, and property laws. We focus on making sure your wishes are respected and your loved ones are secure, no matter how laws or policies may shift.
If you haven’t updated your plan recently, or if you’re creating one for the first time, now is the time. Contact our law firm today to schedule a complimentary 15-minute call and put a plan in place that reflects your life, your values, and your family.
For more information on this topic, please see our Guide to Legally Protecting LGBTQ+ Families in Texas.
Lorie Burch is an attorney and founder at Burch Law, specializing in family law matters for LGBTQ+ couples and families. Call her at 972-944-9478 or visit her website at Burch-Law.com.