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    • Caregiver Information
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    • Options for Paying for Nursing Home Care
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      • Glastonbury Elder Law Resources
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LGBTQ+ Estate Planning: Take Control Now

August 21, 2025 //  by Brian S. Karpe, Estate Planning Attorney

LGBTQ+ estate planningEstate planning gives you the power to make your own decisions about your health, your property, and your legacy.

For individuals and couples in the LGBTQ+ community, that control is especially important. While legal protections in Connecticut have expanded, there are still gaps that only proper planning can close.

Marriage equality, anti-discrimination laws, and other legal reforms have created a more stable legal environment. But these protections do not automatically cover every situation.

If you want your wishes to be honored and your loved ones protected, you need a plan that reflects your unique life, not just the default rules set by the state.

Planning Still Matters

Connecticut law recognizes same-sex marriages and prohibits discrimination based on sexual orientation or gender identity. These laws have removed many of the historical legal barriers LGBTQ+ people once faced.

However, even with legal marriage and broader social acceptance, estate planning is still critical.

If you pass away or become incapacitated without clear instructions in place, your loved ones may face delays, confusion, or even legal disputes. The state will follow set rules if no valid documents exist that express your wishes in a legally binding manner.

Having a proper plan in place allows you to decide how your assets are handled, who can make decisions for you, and how your family is supported.

Assert Your Choices

If you are not legally married and die without a will, your partner will not inherit under Connecticut law. The state’s intestacy laws give priority to the closest legal relatives. That means someone you love deeply could be left out entirely.

Even if you are married, a will or trust gives you control over the details. You can leave specific gifts, protect certain assets, and support causes that matter to you. A trust also allows for flexibility and privacy, especially in cases where family dynamics are complicated.

Beneficiary designations are also important. Life insurance, retirement accounts, and payable-on-death accounts all pass based on the names listed. Make sure those designations are up to date and consistent with the rest of your plan.

Incapacity Planning

If you become incapacitated, someone must step in to manage your finances. Without a durable power of attorney, your loved ones may have to go to court to gain legal authority. That process takes time, costs money, and adds stress to an already difficult situation.

With a properly drafted power of attorney, you can name someone you trust to act on your behalf. They can pay bills, access accounts, manage investments, and make decisions according to your instructions.

This is especially important in blended families, unmarried partnerships, or when there is any risk of disagreement.

Medical Decisions

If you are hospitalized and cannot communicate, who makes medical decisions for you? Without a health care proxy, medical professionals will turn to your next of kin.

Should you be in a committed relationship without being married, your partner would be excluded if you make no plans in advance. If your family is estranged or divided, the situation becomes even more complicated.

A health care proxy lets you name the person you trust to make decisions about treatment, care, and end-of-life choices. It also ensures that your preferences are followed, even when you cannot speak for yourself.

You can also include a living will that outlines specific medical instructions, giving your agent even more clarity.

This kind of planning is not about fear. It is about taking responsibility for your health and protecting the people who matter most to you.

Consider a Living Trust

A revocable living trust allows your assets to pass directly to your chosen beneficiaries without going through probate. That means your loved ones will not have to wait months for court approval or deal with public filings.

For many LGBTQ+ individuals and couples, privacy is a key concern. A trust keeps your financial affairs out of the public record and minimizes the chance of family conflict.

It also gives you more control over how assets are distributed, such as delaying gifts until a certain age or placing conditions on how the funds are used.

Whether your goal is efficiency, discretion, or flexibility, a trust can help you achieve it.

Take Action Right Now!

Our firm can help you create a comprehensive plan that enables you to take full control of your legacy. We have an estate planning office in Glastonbury and another in Westport, CT, and you can schedule a consultation by calling us at 860-548-1000.

If you would rather send us a message, fill out our contact form, and we will be in touch as soon as possible.

Attend a Complimentary Seminar

If you would prefer to join a seminar to learn more about the importance of planning your estate, you can attend a complimentary seminar.

  • Author
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Brian S. Karpe, Estate Planning Attorney
Brian S. Karpe, Estate Planning Attorney
Attorney at Nirenstein, Horowitz & Associates P.C.
Brian S. Karpe is an attorney with the law firm of Nirenstein, Horowitz & Associates, P.C. He received his Bachelor of Science degree from the University of Maine at Orono.He then earned his law degree from Drake University, Des Moines, IA.Mr. Karpe furthered his legal education by obtaining a post-doctorate degree in estate planning and elder law from Western New England School of Law. Mr. Karpe is licensed to practice law before the courts of the States of Connecticut and Colorado, the U.S... Read More!
Brian S. Karpe, Estate Planning Attorney
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Nirenstein, Horowitz & Associates P.C.
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