LGBTQ Estate Planning
Protecting Your Assets in a Same-Sex Marriage in San Antonio
Marriage equality has been recognized nationwide since 2015, including here in San Antonio and throughout Texas. While the law provides important protections for same-sex couples, estate planning remains essential—especially in a state where property laws, probate rules, and family structures can create unexpected complications.
Through comprehensive San Antonio LGBTQ estate planning, you can ensure your spouse or partner is protected if you pass away unexpectedly or become incapacitated. Without proper legal documents in place, your wishes may be challenged, and your loved ones could face unnecessary court proceedings.
At The Law Office of Bryan Fagan, PLLC, our San Antonio team helps LGBTQ individuals and couples create legally sound estate plans designed to protect their families, assets, and long-term goals.
Why Estate Planning Is Especially Important for LGBTQ Couples
Although same-sex marriages are legally recognized in Texas, gaps can still arise—particularly for unmarried partners, blended families, or couples who relocated from states with different legal frameworks.
If you and your partner are not legally married, Texas intestacy laws (the laws that apply when someone dies without a will) may not automatically protect your partner’s inheritance rights. Even married couples benefit from clear documentation to avoid disputes, probate delays, or confusion regarding medical and financial authority.
San Antonio LGBTQ estate planning can help you:
- Ensure your spouse or partner inherits according to your wishes
- Avoid probate where possible
- Designate decision-makers for healthcare and financial matters
- Protect children and clarify parental rights
- Reduce the risk of family disputes
Taking proactive steps now can prevent emotional and financial hardship later.
We offer comprehensive family law and estate planning services, including but not limited to the following:
As a family law firm, we recognize that clients entrust us with a deeply personal aspect of their lives. Respecting this responsibility, our firm operates with professionalism, diligence, and efficiency, while maintaining open lines of communication with our clients. Not only do we provide access to their attorney, but also a dedicated client support team capable of addressing any inquiries regarding the case, status updates, billing concerns, or any other matters that arise throughout the process. Please don’t hesitate to discover how we can be of service to you.
Contact the Law Office of Bryan Fagan, PLLC at 830-216-6625 or online.
Key Estate Planning Tools for LGBTQ Couples
An effective estate plan may include the following legal instruments:
- Living Trusts: Allow assets to transfer outside of probate and appoint your spouse or partner to manage affairs if you become incapacitated.
- Medical Power of Attorney: Ensures your chosen person can make healthcare decisions on your behalf.
- Durable Power of Attorney: Grants authority over financial matters if you are unable to act.
- Asset Protection Strategies: Shield property from unnecessary exposure to creditors or disputes.
- Child Protection Planning: Name guardians and outline care plans for minor children.
Each document plays a vital role in securing your family’s future.
Essential Estate Planning Steps for LGBTQ Couples
Step One: Review Your Estate Plan with an Attorney
It is important to meet with an experienced estate planning attorney to review your strategy and ensure all documents comply with Texas law. Proper terminology and legally recognized language—such as “spouse” rather than informal designations—can prevent complications in probate court.
Step Two: Establish Legal Parentage
If you and your partner share children, especially in cases involving assisted reproduction or prior relationships, establishing clear legal parentage is crucial. In some situations, formal adoption by the non-biological parent may provide additional legal security and prevent custody disputes.
Step Three: Consider a Prenuptial or Postnuptial Agreement
Texas is a community property state, meaning marital assets are subject to specific division rules. A prenuptial or postnuptial agreement may help clarify how assets should be distributed in the event of divorce or death and ensure your wishes are honored.
A well-structured San Antonio LGBTQ estate planning strategy addresses both current protections and long-term financial goals.
Protecting Your Estate as an LGBTQ Individual or Couple
LGBTQ individuals and couples often face unique considerations when planning their estates, particularly if they have domestic partnerships, blended families, or assets acquired before marriage equality was recognized.
Navigating these complexities requires a thoughtful and informed approach. An experienced estate planning attorney can help you understand your rights, identify potential vulnerabilities, and create a plan that reflects your personal and financial priorities.
At The Law Office of Bryan Fagan, PLLC, we are committed to helping San Antonio families protect what matters most. If you are ready to begin your San Antonio LGBTQ estate planning process, call 830-216-6625 or complete our online contact form to schedule a consultation.
