At Metz & Jones, we understand that estate planning is about protecting your future, your loved ones, and the life you’ve built. With over 40 years of experience serving the LGBTQ+ community in Chicago, we offer trusted guidance through every step of the estate planning process.
Below are helpful answers to estate planning FAQs that address common concerns and help you get started.
Frequently Asked Questions About Estate Planning
1. What Is Estate Planning?
Estate planning involves preparing legal documents that specify your wishes for medical care, asset distribution, and other personal matters in the event of incapacity or death. A well-prepared plan includes:
- Wills & trusts
- Powers of Attorney
- Beneficiary designations (for accounts and other assets)
By taking the time to plan now, you can ensure that your wishes are honored, avoid probate delays, and reduce stress for your loved ones.
2. What Legal Documents Do I Need for Estate Planning?
Key documents often include:
- Last Will and Testament – Directs who inherits your assets and names guardians for minor children.
- Revocable Living Trust – Allows you to manage and protect assets during your lifetime and transfer them to beneficiaries after death, often avoiding probate.
- Living Will – Describes your preferences for end-of-life care.
- Durable Power of Attorney for Health Care – Names someone to make medical decisions for you when you can’t.
- Durable Power of Attorney for Property – Gives your chosen person the authority to manage your financial and property matters.
- Beneficiary Designation Forms: For life insurance, retirement accounts, and payable-on-death accounts, these forms ensure direct transfer to named beneficiaries.
These documents provide peace of mind and help ensure that your partner, spouse, or family is protected.
3. Do Married Couples Need a Will?
Yes— married couples still need a will. Even though marriage provides some default protections, a will allows you to:
- Ensure assets go directly to your spouse or chosen beneficiaries
- Name guardians for children
- Avoid unnecessary delays
A will is especially important for LGBTQ+ couples, as it ensures your wishes are clearly documented and legally enforceable. Without a valid will, state laws may not recognize your partner as your intended beneficiary. A will gives you the power to decide who inherits your assets, who cares for your children, and how your estate is handled.
4. Can LGBTQ+ Partners Inherit Property in Illinois Without a Will?
If you don’t have a will, Illinois intestacy laws will decide how your property is distributed. Unmarried LGBTQ+ partners will not automatically inherit, even if you’re involved in a civil union or domestic partnership. To make sure your partner is legally protected, you must create a valid estate plan that includes a will or trust.
5. Can Anyone Draft a Will For Me?
Yes, anyone over the age of 18 and of sound mind can draft a will. However, working with an attorney is the wisest choice. Our firm has over 40 years of experience handling the unique legal concerns, solutions, and needs of the LGBTQ+ community.
6. We’re in a Civil Union or Same-Sex Marriage. Do We Still Need Estate Documents?
Absolutely, because while civil unions and marriages provide some protections in Illinois, estate planning documents give your partner or spouse full authority when it matters most, such as in the following situations:
- Traveling to countries that don’t recognize same-sex relationships
- Making medical decisions in a crisis
- Avoiding disputes with extended family members who may contest your wishes
- Accessing non-joint financial accounts
- Avoiding inheritance disputes or delays
- Securing guardianship and parental rights
Without certain legal documents, your partner’s rights may not be recognized in urgent situations.
7. How Can I Make Sure My Partner Can Be With Me in the Hospital?
In a Power of Attorney for Health Care, you can name your partner or spouse as your health care agent. This ensures:
- They can make medical decisions on your behalf
- They have the legal authority to visit you and speak with doctors
- Your preferences for care are documented and followed
Without this document, your partner may be excluded from important decisions, especially in emergencies.
Please note: Illinois law prohibits discrimination in health care based on sexual orientation or gender identity. Hospitals in Illinois must allow patients to choose their visitors, regardless of marital status or gender.
8. How Can I Give My Partner Full Access to My Financial Accounts?
Grant your partner a Durable Power of Attorney for Property (Financial Power of Attorney). This legal document authorizes your partner to access and manage your financial accounts and property on your behalf.
You can also add your partner as a joint owner to your bank accounts. As a joint owner, your partner will have equal rights to deposit, withdraw, and manage funds in the account both while you are alive and after your death.
9. What’s the Difference Between a Living Will and a Health Care Power of Attorney?
- A Living Will is a written statement of your wishes for end-of-life care, used when you can’t speak for yourself.
- A Health Care Power of Attorney appoints someone to make medical decisions and communicate with doctors on your behalf.
We recommend having both in place as part of your estate plan.
10. Can Unmarried LGBTQ+ Couples Get Parental Rights in Illinois?
Yes, but it can be more complex than for married couples. Legal adoption, co-parenting agreements, and proactive estate planning can help ensure that both parents have recognized rights.
11. Do LGBTQ+ Spouses Have the Same Parental Rights in Illinois?
Generally, yes. However, legal paperwork — such as second-parent adoptions or custody agreements —can help protect those rights, especially if one parent is not biologically related to the child.
12. What Is Probate?
Probate is the process for distributing a deceased person’s assets under court supervision. This process typically involves:
- Validating the will (if there is one)
- Appointing an executor or administrator
- Cataloging and assessing the assets of the deceased
- Paying debts and taxes
- Distributing remaining assets to beneficiaries
In Illinois, probate can be time-consuming and costly, especially if there are no estate planning documents in place. One of the goals of estate planning is often to avoid or simplify probate by using trusts and beneficiary designations.
Work With Lawyers Who Understand
At Metz & Jones, we focus on the unique legal needs of the LGBTQ+ community. Our attorneys offer personalized guidance to help you protect your family, preserve your assets, and plan for the future.
Contact Our Law Firm With Your Estate Planning Questions
Whether you’re wondering what legal documents you need for estate planning or asking if married couples need a will, we’re here to help. Call (773) 878-4480 or contact us online to set up a consultation with an experienced LGBTQ+ estate planning attorney.