Same-Sex Couple Estate Planning

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By: Bill Henry
PublishedJul 30, 2021
2 minute read

Same-sex couples face the same estate planning needs and issues as opposite-sex couples. Robinson & Henry Estate Planning Attorney Tristan Younghaus discusses some of the different arrangements you should consider when planning your estate.

Questions About Same-Sex Couple Estate Planning?

Call 303-688-0944 to schedule a case assessment. You can also set up the meeting online when you click here.

Estate Planning is the Same for Same-Sex & Straight Couples

Colorado Law does not discriminate when it comes to same-sex couple estate planning. Gay and lesbians couples face the same issues that opposite-sex couples face.

Robinson & Henry Estate Planning Attorneys have experience helping couples with all kinds of estate planning needs.

Protect Yourself & Your Loved Ones with an Estate Plan

Just like opposite-sex partners, same-sex couples need to be proactive about their estate planning.

You need to appoint a durable power of attorney – someone to legally represent you if you become incapacitated by illness or an accident.

You want to provide for medical decision-making with a medical durable power of attorney – someone who knows your wishes and can make medical decisions on your behalf.

You also want to protect your assets, like your investments, your home, and your money by having a will or estate plan.

Get Your Wishes in Writing

Whether or not you are legally married, you should have certain issues in writing.

For example, who do you want to inherit certain assets if something should happen to you?

Do you want your partner to receive your grandmother’s favorite earrings? You can address these types of wishes when you create an estate plan.

Living Wills

In Colorado, there is something called a living will and advanced directive for end-of-life decisions. In this document, you make your end-of-life wishes known.


For childless couples, someone may want their prized possession to revert to a member of their family rather than someone on their spouse’s side of the family.

Consider this example:

Your partner really likes your grandmother’s earrings that were left to you after she passed away. However, your sister’s daughter, your niece, has always admired them. In this instance, you may decide to leave these to your sister who, in turn, will give them to your niece instead of leaving them to your partner who may give them to someone unrelated to you.

You can consider what attorneys call a boomerang. You can ensure family heirlooms revert back to someone in your family rather than end up with your brother-in-law, for example.

Protection for Remarried Couples

If you are now remarried, we can make sure that your estate plan protects you and your family. If you have a blended family or plan to adopt children, we address those issues as well.

Schedule an Estate Planning Meeting

Ultimately you have to make the decisions regarding your relationship and the distribution of your worldly possessions, but the estate planning attorneys at Robinson & Henry can help you decide which legal documents you need for your future peace of mind.

Call 303-688-0944 to schedule a case assessment. You can also schedule yourself online when you click here.

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