LGBTQ+ individuals and couples should have an estate plan in place, though it can be hard to find the right attorney to help craft the plan. At Plan Forward Legal, our Chicago LGBTQ+ estate planning attorney, Victoria Lozano, Esq., understands the complexity of the planning process for gay, lesbian, bisexual, transgender, queer, and alternative lifestyle individuals. She wants to hear your story and help craft a bespoke estate plan for you or you and your family.
When you reach out to our office, youâll receive a warm and accepting welcome. Weâre here for you, and weâll stand by you every step of the way. We have the Chicago estate planning attorney you need to get this done right.
Why Choose Plan Forward Legal for Your LGBTQ Estate Planning in Chicago
Dedicated to the LGBTQ community
At Plan Forward Legal, we proudly serve the LGBTQ+ community in Chicago and Illinois. As an experienced gay and lesbian estate planning attorney in Chicago, we recognize the importance of including same-sex partners, chosen families, and non-traditional households in estate plans. We know that âstandardâ estate planning documents often overlook or fail to address issues relevant to unmarried couples, non-biological parents, and partners who may not have legal protections automatically in place.
Local Chicago and Illinois experience
Our firm knows Illinois law and the nuances that can affect estate planning for LGBTQ+ individuals and couples. Since the state of Illinois legally recognises same-sex marriage (and civil unions prior to full marriage recognition), we understand how your rights may differ based on your status, whether married or unmarried.
We also know how Illinois probate, wills, trusts, guardianship, and power-of-attorney rules apply. Because we are a Chicago estate planning attorney firm, we also know the local courts, local practices, and local families. That helps ensure your plan works here in Chicago and across Illinois.
Holistic approach to wills, trusts, and powers of attorney
Your estate plan is more than a will. Whether you are seeking LGBTQ+ wills and trusts Chicago living trust options, or a power of attorney that Chicago clients rely on, we design a holistic plan that includes wills, trusts, durable powers of attorney, health-care proxies, guardianship designations, asset protection strategies, and probate avoidance where appropriate. We also provide LGBTQ asset protection estate planning for Chicago clients â helping protect your assets, your partner, your children, and your chosen family.
Understanding Estate Planning for LGBTQ+ Individuals and Couples
Unique legal challenges facing LGBTQ families
Even though marriage equality has been a reality for years, many couples and individuals still face planning gaps. For example, what happens if an unmarried same-sex partner dies without a will in Illinois?
Without a will or proper documents, your partner may have no legal right to inherit from you, make decisions for you, or be appointed guardian for your children. Similarly, how to protect my partnerâs rights if we are not married in Illinois is a very real question. Because some of the rights that married spouses take for granted arenât automatic for unmarried couples, even in Illinois. It is vital that your plan address your relationship status, your children, your assets, and your goals.
Same-sex couples, domestic partners, and non-traditional families
If you are in a same-sex marriage, you have protections under Illinois and federal law that similar heterosexual couples enjoy. But if you are unmarried, or in a domestic partnership, or you have a chosen family, maybe children from prior relationships, step-kids, non-biological parents, your planning needs are different. Many firms refer to âestate planning for unmarried LGBTQ couples in Chicago,â and that is an important niche. These plans often focus on naming the right decision-makers, defining who cares for children, how property passes, how medical decisions are made, and how your chosen family is protected.
Protecting your partnerâs rights if you are not legally married
If you are not legally married in Illinois, you must take extra steps so that your partner has rights you might assume but do not have automatically. For example: naming your partner as agent under a durable power of attorney and health-care proxy; clearly specifying your partner as beneficiary under your will or trust; and ensuring you avoid intestacy rules (rules that apply when someone dies without a will). Because Illinois law will apply state default rules, which may not favor your partner.
Planning for medical decisions, guardianship, and chosen families
Your planning should include not only asset distribution but also incapacity protection. If you are incapacitated, who will make medical decisions? If you have minor children, who will be their guardian? If you have pets or non-traditional family members, how are they included?
The concept of chosen family estate planning is real. Your estate plan should reflect how you live and love, not just an outdated model. We ensure durable powers of attorney, health-care directives, custody or guardianship nominations, and trusts reflect your full family circle.
Core Estate Planning Services We Provide
Wills for LGBTQ clients
A properly drafted will ensures your assets go where you intend, names an executor or personal representative, and, if you have minor children, names a guardian. Without it, default state law takes over, which may leave your partner vulnerable. The question âwhat happens if an unmarried same-sex partner dies without a will in Illinoisâ illustrates the risk. We craft wills that respect your relationship, chosen family, and children.
Living trusts and asset protection
With a living trust, Chicago clients often engage for smoother asset transfer, privacy, and probate avoidance. Trusts allow for more control over how and when your beneficiaries receive assets, which can help protect chosen family, minors, or vulnerable individuals. Combine that with LGBTQ asset protection estate planning Chicago clients appreciate, and you have a strong plan for legacy preservation.
Durable power of attorney and health-care proxy
If you become incapacitated, having a durable power of attorney and health-care proxy ensures someone you trust can step in. A power of attorney attorney in Chicago must make sure your partner, spouse, or chosen individual is legally designated. Without these, hospitals and courts may default to family members who may not reflect your intentions. We specialise in ensuring these are tailored for LGBTQ+ individuals and couples, married or not.
Guardianship and planning for children and families
If you have children, whether biological, adopted, or from previous relationships, you need to plan for their future. That includes naming guardians, establishing trusts for their benefit, and coordinating with estate distributions in your will. For same-sex couples, second-parent adoptions and other planning tools can help avoid confusion and disputes.
Probate avoidance and estate administration
Probate can be lengthy, public, expensive, and stressful for your loved ones. By structuring your estate plan with wills, trusts, beneficiary designations, and other tools, we aim to minimise probate exposure. For Chicago families, a Chicago estate planning attorney who understands Illinois probate law can make a meaningful difference. We step in to guide executors and trustees and simplify what often becomes very difficult for families during grief.
What You Can Expect When Working With Us
Initial consultation and legal assessment
Your first meeting with Plan Forward Legal is a chance to share your story and your goals. Weâll ask about your relationship status, your children or chosen family, your assets, your health preferences, and your concerns. Whether you are looking for an LGBTQ estate planning attorney in Chicago or a general Chicago estate planning attorney, our goal is clarity and understanding.
Customized planning tailored to your family
Every estate plan we craft is unique. If you are an unmarried same-sex couple in Chicago, we think about how to protect your rights as an unmarried partner. If you are married or in a civil union, we ensure your plan builds on your existing rights. If you have a chosen family, we make sure your plan includes them. We address the long-tail questions: how to choose an executor for a same-sex couple in Illinois, or can a domestic partner make medical decisions in Illinois estate planning? These details matter, and we provide a plan that fits your life.
Transparent pricing and clear communication
Estate planning should not be confusing or opaque. We explain our services, fees, and timelines clearly. We keep you informed, use plain language, and ensure you understand each document you sign. As a skilled estate planning attorney for LGBTQ in Chicago, we believe in empowerment through knowledge and respect.
Ongoing support as your life changes
Your life evolves. You may marry, divorce, adopt children, move, acquire significant assets, or change your health-care wishes. With Plan Forward Legal, your plan can evolve, too. We offer periodic reviews and updates of your estate planning documents so you remain protected. For unmarried LGBTQ couples, this is particularly important because changes in relationship status or law can shift your risk profile.
Frequently Asked Questions About LGBTQ Estate Planning
Do same-sex married couples need separate planning?
Yes. Even though same-sex married couples have rights under Illinois and federal law, basic planning is still necessary. In Illinois, married couples, regardless of sexual orientation, may enjoy many of the same rights. But a will, trusts, power of attorney, health-care proxy, and other documents are still essential. These documents help avoid probate, ensure your wishes are clear, and protect vulnerable family members.
What happens if an unmarried partner dies without a will in Illinois?
If an unmarried same-sex partner dies without a will in Illinois, the deceasedâs assets may pass under Illinois intestacy laws, and the surviving partner may receive nothing or very little. The question âwhat happens if an unmarried same-sex partner dies without a will in Illinoisâ is real. Because the law may favour a biological family or legal spouse, not your partner. Without a will and accompanying documents, your partner may have no legal claim to make decisions or receive assets.
How do I include my chosen family or partner in my estate plan?
You include your chosen family or partner by naming them in your will or trust, appointing them as your personal representative, agent under your power of attorney, or health-care proxy. If you have children, you include them as beneficiaries or guardians, set up trusts, and designate your preferred decision-makers. Our work as an LGBTQ+ wills and trusts Chicago firm ensures that chosen family is not an afterthought but a central part of the plan.
How often should I update my estate plan?
You should review and update your estate plan whenever there is a major change in your life (marriage, divorce, birth or adoption of a child, acquisition or sale of major assets, relocation, significant health change) or when laws change. Because you are working with a Chicago estate planning attorney who knows Illinois law, we help you keep track and make updates. Many experts say a review every 3-5 years is prudent.
How much does LGBTQ-focused estate planning cost in Chicago?
Cost depends on your situation, including the complexity of your assets, your family structure, whether you need trusts, how many documents, and whether guardianship arrangements or business succession are involved. As a boutique firm experienced in LGBTQ asset protection estate planning in Chicago, we provide transparent pricing, and we explain your costs up front. Often, the cost of planning is far less than the emotional and financial toll of not planning.
Contact Plan Forward Legal
At Plan Forward Legal, we have your back. When you call or message, you wonât have to wonder, âWill they accept me and my family?â We do. Unequivocally.
Our Chicago LGBTQ+ estate planning lawyer is ready to help individuals, couples, and families create the best plan possible for their current life situation. You can call our office today or fill out our contact form and hear back quickly.