Protecting Your Future: Estate Planning for LGBTQ+ Texans

Estate planning has always been important, but for LGBTQ+ individuals and couples in Texas, it’s become essential. In an environment rife with political uncertainty and a Supreme Court that has demonstrated a willingness to overrule landmark civil rights decisions, proactive planning has never been more crucial for members of the LGBTQ+ community.

At The Patterson Law Firm, I’ve seen how proper planning can spare families unnecessary heartache and ensure that love, not legal technicalities, defines your legacy.

Why LGBTQ+ Estate Planning Matters More Than Ever In Texas

In America, many legal rights are inherently tied to the institution of marriage. Couples that are legally married are subject to different default rules at both the state and federal levels in many areas of the law, from tax and health benefits to inheritance and entitlements. Understandably, many couples worry about what might happen if marriage equality or related rights were weakened or reversed.

While no one can predict the future, there are steps you can take now to protect yourself and your partner from uncertainty. This includes putting the right legal documents in place.

The Harsh Reality: Dying Without a Will and Marriage

Under Texas law, when someone dies without a will (intestate) and is not legally married, the default inheritance rules leave everything to their family. This includes children, siblings, parents, and even cousins. No matter how long that person may have been in a committed relationship, unless they were legally married, their surviving partner will inherit nothing under Texas law.

Prior to the legalization of same-sex marriage, this legal default left many LGBTQ+ people grieving not just the loss of a loved one, but also the loss of their shared home, savings, and security.

A will is your safeguard. It’s the document that ensures your property passes to your chosen loved ones — not just biological relatives. Learn more about how wills fit within a complete estate plan in our Texas Estate Planning Guide.

The Cornerstone Document: Your Will

A Will and Testament is vital for all adults, but especially for LGBTQ+ couples. It allows you to:

• Name your partner as your primary beneficiary.

• Appoint trusted executors and guardians.

• Simplify probate for your loved ones.

  
  

If marriage equality were ever limited or reversed, your will might become the only legal path for your partner to inherit property in Texas.

Tip: Revisit your will regularly — particularly after changes in relationship status or state law — to ensure it reflects your wishes.

Powers of Attorney: Protecting Each Other During Life

Estate planning isn’t only about what happens after death. It also determines who can act for you if you’re ever unable to make decisions.

Durable Power of Attorney (DPOA)

This document grants your partner or chosen person the authority to manage virtually all aspects of your life. This includes financial matters, real estate, tax issues, and other essential tasks.

Note: In Texas, a DPOA may be automatically revoked if a marriage is annulled. If legal definitions of marriage change, you may need to re-execute updated documents.

Medical Power of Attorney (Healthcare POA)

This document names a person to make healthcare decisions on your behalf if you are unable to do so. For individuals with a long-term, unmarried partner, this is essential. Without it, hospitals and doctors may have no choice but to defer to the wishes of your family instead.

Additional Protective Documents

• Hospital Visitation Authorization: Ensures your partner has the right to visit in the hospital even if you aren’t legally married.

• HIPAA Authorization: This allows healthcare providers to share information with the person(s) of your choice.

• Declaration of Guardian for Yourself: Lets you decide who would serve as your guardian if needed.

• Advance Directive: Tells your doctors what medical care you do and don’t want if you are incapacitated with a terminal condition, including life support and other life-sustaining measures.

• Declaration of Guardian for a Minor: Names who you want to care for your children if both parents die or become incapacitated. A court still makes the appointment, but it will know your choice.

• Appointment of Agent for Disposition of Remains: Names the person legally responsible for carrying out your wishes for your remains. This is especially important if you aren’t legally married.

  
  

These forms together give your loved one clear authority and peace of mind when it matters most.

If Marriage Equality Is Ever Reversed: What Happens to Existing Documents

If courts ever annul existing same-sex marriages, Texas law may treat partners as unmarried individuals. By default, Texas law invalidates provisions in wills or POAs referring to a “spouse” if the marriage is ended by divorce or annulment or declared void. If Texas were able to ban same-sex marriage again, it’s possible it could consider all such marriages to be void, which would trigger the revocation provisions. Formerly married couples would need to re-execute updated documents immediately to avoid this automatic revocation.

That’s why it’s crucial to have a trusted legal team monitoring these developments. This ensures your estate plan remains enforceable at all times.

Peace of Mind Through Proactive Planning

LGBTQ+ couples in Texas have worked hard for the right to love openly and build lives together. Estate planning ensures that those rights are preserved, even in uncertain times.

By preparing now, you:

• Prevent legal battles and emotional strain for loved ones.

• Protect your assets and home from being redirected by default laws.

• Keep control over medical and financial decisions if you can’t advocate for yourself.

  
  

How The Patterson Law Firm Can Help

Attorney Caleb Patterson understands both the legal and personal dimensions of LGBTQ+ estate planning. As a member of the community and longtime advocate for equality — including service on the Board of Directors for Black Tie Dinner, Inc. and the Dallas Leadership Council of Lambda Legal — Caleb brings both legal precision and lived empathy to his work.

We help LGBTQ+ individuals and couples create wills, trusts, and powers of attorney that protect their rights and honor their relationships.

Schedule your free 30-minute consultation today to start securing your family’s future.