Estate Planning in Texas for Same-Sex Couples
Estate planning is essential for every family, but it holds particular importance for same-sex couples in Texas. Although same-sex marriage has been legally recognized in the United States since 2015 under Obergefell v. Hodges, and same-sex marriages are generally recognized in Texas, gaps in informal legal protections and evolving laws mean that thoughtful planning remains critical. Proactively establishing a comprehensive estate plan ensures your wishes are honored, your loved ones are protected, and you minimize the risk of disputes or unintended results. For thoughtful and effective estate planning in Harris County, call Leigh B. Meineke Law Firm to speak with an experienced and dedicated Houston estate planning attorney.
Legal Recognition of Same-Sex Marriage in Texas
Since the Supreme Court’s decision in Obergefell v. Hodges, same-sex couples nationwide, including in Texas, have the right to marry and have their marriages recognized for most legal purposes. While this has expanded spousal rights—particularly regarding federal benefits and inheritance—that recognition does not eliminate the need for a carefully drafted estate plan. Texas does not provide statewide recognition of domestic partnerships outside of marriage; as a result, committed couples who are unmarried may not automatically receive spousal inheritance rights or decision-making authority absent proper planning.
The Risk of Leaving Things Unplanned
Without a will or comprehensive estate plan, Texas law determines how assets will pass upon your death. For married couples, certain community property and intestate succession rights can protect spouses in some circumstances, but these default legal rules may not align with your personal intentions. For unmarried partners, the default rules may not provide any inheritance or legal decision-making power to the surviving partner. In both cases, failure to plan opens the door to unintended outcomes, delays, or costly litigation.
For example, a partner who is not legally married could be treated as a complete “stranger” under intestate succession laws without a valid will or trust. A biological parent may have legal rights concerning children that a non-biological partner does not, unless those rights are secured through adoption or other formal legal actions.
Key Estate Planning Tools for Same-Sex Couples in Texas
Estate planning uses a combination of legal documents to protect your family and assets. Whether you are married or unmarried, these tools ensure your partner and loved ones have the authority and legal recognition you intend.
Wills and Trusts
A will allows you to specify who inherits your property and name guardians for minor children. A trust, such as a revocable living trust, can further provide control over how and when your assets are distributed, potentially avoid probate, and maintain privacy. Trusts are particularly valuable for blended families or couples with significant assets.
Powers of Attorney
A financial power of attorney appoints someone to manage your financial affairs if you become incapacitated. Without this document, Texas courts may appoint a guardian through a costly and public process. Similarly, a medical power of attorney and HIPAA authorization form ensure your partner can make healthcare decisions and access medical information during a health crisis. These documents are essential regardless of marital status.
Advance Directives
Advance healthcare directives such as a durable medical power of attorney allows you to designate someone to make medical decisions on your behalf in the event you are unable to make or communicate those decisions during a period of incapacity. Similarly, a living will (sometimes called a Directive to Physicians), outlines your preferences for end-of-life care. Naming your partner as your agent guarantees their ability to execute those decisions in an emotional and critical moment. Without them, healthcare providers may defer decisions to default legal hierarchies that exclude your partner.
Parentage and Guardianship
For couples with children, securing parental rights for both partners is critical. In some cases, the non-biological parent may need to pursue stepparent adoption or other parentage actions to ensure full legal rights and prevent future disputes over custody, inheritance, or decision-making.
Beneficiary Designations
Life insurance, retirement accounts, and other non-probate assets pass according to designated beneficiaries, not by wills. Ensuring that your partner is named on these accounts and that designations are up to date avoids unintended distributions that contradict your estate plan.
Why Professional Planning Matters
Even married couples may face pitfalls without careful attention to their estate planning documents. Estate planning forms purchased online or drafted without professional oversight might not address Texas law requirements, cover all asset classes, or reflect your intentions in a legally enforceable way. Qualified counsel can tailor your documents to your family’s specific circumstances and avoid common mistakes that lead to litigation or unintended outcomes.
Moreover, because Texas estate law and federal tax rules evolve over time, periodic review of your plan is crucial. Estate planning isn’t a one-time event; it’s a dynamic framework that should adapt as your life and laws change.
Planning for Peace of Mind
Estate planning gives same-sex couples peace of mind. With a thoughtful plan in place, you ensure that your partner has legal authority to manage your affairs, your assets go to the people you intend, and your family avoids unnecessary stress during difficult times. Whether you are preparing for the future, protecting your children, or building a life together, a comprehensive plan provides clarity and security for both partners.
Contact a Houston Estate Planning Attorney at Leigh B. Meineke Law Firm
Estate planning in Texas for same-sex couples is not fundamentally different from planning for any other couple, but it demands deliberate action and careful documentation. Changes in federal and state law have expanded protections, yet without wills, trusts, powers of attorney, and other essential documents, your partner may not automatically receive the legal rights you intend.
At Leigh B. Meineke Law Firm, we help couples in Houston and throughout Harris County develop personalized estate plans that reflect their relationships, goals, and values. If you are ready to protect your family’s future and ensure that your wishes are respected, contact our office today to schedule a consultation.
