The logo for amy frith insurance agency is black and white.

LGBTQ+ Estate Planning to Protect Yourself and Your Loved Ones

Kristine Romano • March 10, 2025

When it comes to protecting your future and the people you love, having the right legal documents in place is essential. For LGBTQ+ individuals and couples, estate planning can come with a few extra layers—but with the right guidance, it doesn’t have to be overwhelming.


At Kristine Romano Law, we believe every family deserves peace of mind. If you’re looking for the best attorney for Wills and Trusts in Northborough, MA, you’re in the right place. We’re here to make the process simple, supportive, and fully personalized to your needs.


Why Estate Planning Is Especially Important for LGBTQ+ Clients

Even though same-sex marriage is legal in Massachusetts and nationwide, LGBTQ+ individuals may still face legal hurdles that others don’t. For example, you might be navigating:



By working with a compassionate and experienced estate planning attorney, you can ensure that your wishes are clearly documented and legally protected.


What Should Be Included in Your Estate Plan?

A solid estate plan in Northborough includes more than just a will. It’s a complete roadmap for your future care and asset distribution. Key estate planning documents include:


  • Will or Trust: Directs how your assets are passed on and who will be in charge of your estate.
  • Durable Financial Power of Attorney: Gives someone you trust the authority to manage your finances if you're unable.
  • Health Care Proxy & Living Will: Ensures your medical wishes are honored and someone you choose can speak for you.
  • HIPAA Authorization: Allows your loved ones to access medical records when necessary.


These documents can be critical in situations where one partner may not be legally recognized as next of kin—or where outdated paperwork could cause confusion or conflict.


Should Non-Biological Parents Consider Adoption?

One of the unique challenges for LGBTQIA+ couples, particularly those with children, is the legal recognition of both parents. In many cases, only one partner is the biological parent, which can create complications if the biological parent passes away or if the couple separates.


By adopting their partner's child, non-biological parents can establish a legal relationship with the child and obtain parental rights. This can prevent disputes over custody with extended family members and protect the child's inheritance rights.

 

Don’t Forget to Update Your Beneficiaries

Retirement accounts, life insurance policies, and other financial assets often have named beneficiaries that override your Will. That’s why we help our Northborough clients review and update these forms regularly—especially after marriage, divorce, or other major life changes.  It’s a small step that can make a huge difference in ensuring your assets go to the right people.


Clearing Up the Past: What About Previous Legal Unions?

Before marriage equality, many LGBTQ+ couples used civil unions or domestic partnerships to protect their relationships. In some states, those arrangements were automatically converted into marriages—sometimes without the couple even knowing.


This can lead to legal confusion or even unintended claims on your estate. As your legal team, we’ll help you sort through any previous arrangements and ensure everything is resolved cleanly.


The Story of Prior Legal Unions

In a story shared in the MassMutual blog, Joan Burda, an attorney in Lakewood, Ohio, shares the cautionary tale of LGBTQIA+ couples who entered domestic partnerships or civil unions before legalizing same-sex marriage. These partnerships were sometimes automatically upgraded to marriages without the couple’s knowledge when laws changed, leading to unexpected complications.

For instance, couples who thought they had dissolved their previous legal relationships might find that their former partners still have legal claims on their estate. For this reason, Kristine Romano Law emphasizes the importance of clients reviewing and resolving all prior legal unions to prevent future disputes and ensure the full protection of their current relationships.


What Should Couples Do Next?

Estate planning is not a one-time event. Laws change, relationships evolve and your plan needs to reflect those changes. LGBTQIA+ couples should take the time to review their estate planning documents, resolve any past legal relationships and ensure that their beneficiary forms are up to date.


Why Northborough LGBTQIA+ Families Trust Kristine Romano Law

 Your relationship and family deserve the strongest legal protections available. Don’t leave your future to chance—ensure that your estate plan reflects the unique needs of LGBTQIA+ couples. Whether you’re navigating the complexities of adoption, resolving past legal unions, or updating beneficiary forms, our experienced estate planning team is here to help.


At Kristine Romano Law, we pride ourselves on being attentive, professional, and genuinely welcoming. Schedule a consultation with us today to start building a plan that secures your rights, protects your loved ones and honors your wishes. Let’s work together to safeguard your family’s future.


Key Takeaways

  • Protect Your Relationship: Ensure legal recognition of your partnership, safeguarding your rights and those of your spouse.
  • Secure Parental Rights: Adoption for non-biological parents can establish crucial legal ties, protecting your children’s future.
  • Update Beneficiaries: Regularly reviewing and updating beneficiary forms prevents unintended inheritance and ensures that your assets go to the right people.
  • Resolve Prior Legal Unions: Clear up any past domestic partnerships or civil unions to avoid potential legal conflicts and claims on your estate.
  • Maximize Legal Benefits: For optimal estate planning, leverage the legal protections and tax advantages available to married LGBTQIA+ couples.


Reference: MassMutual (June 06, 2024) “Estate Planning for LGBTQIA+ Couples

Natick Estate Planning Myths
By Kristine Romano March 12, 2025
Estate planning can be a very difficult process. While it is not brain surgery, making the decision to move forward with an estate plan requires us to face the fact that we will not live forever. This thought stops many people in their tracks. Others talk themselves out of seeing a qualified attorney to create an estate plan because of… The post Myths We Tell Ourselves about Estate Planning first appeared on Kristine P. Romano, Esq., LLM, PC.
Estate Planning for Non-Fungible Tokens
By Kristine Romano March 10, 2025
Ensure your digital assets are protected with estate planning for non-fungible tokens in Northborough. Proper planning secures NFT access, avoids legal hurdles, and ensures a smooth transfer to your heirs.
Northborough Wills and Trusts
By Kristine Romano February 4, 2025
Learn the difference between Wills and Trusts and how to create the right estate planning tool in Northborough
January 30, 2025
As online scams grow increasingly sophisticated, seniors remain a prime target for financial exploitation. These scams are often devastating, both financially and emotionally. One striking example is Judith Boivin, a retired therapist whose story is profiled in a story by The Washington Post , lost nearly $600,000 of her retirement savings to fraudsters posing as FBI operatives. The complexity of these scams highlights the urgent need for proactive asset protection strategies. At Kristine Romano Law, we understand the unique vulnerabilities seniors face in protecting their finances. Our compassionate team is dedicated to helping families in Northborough and surrounding areas safeguard their loved ones’ assets and peace of mind. Why Are Seniors Targeted for Financial Scams? Scammers frequently target older adults because of their accumulated wealth, limited familiarity with digital technologies, and, at times, social isolation. Common schemes include romance fraud, investment scams, and impostor scenarios like Judith’s, where victims are manipulated into believing they are assisting authorities or solving urgent crises. Even savvy seniors can fall prey to these deceptions. Scammers exploit emotions—fear, excitement, loneliness—to create a “fraud fog” that clouds judgment. For families concerned about protecting their elders, asset protection planning offers effective safeguards. Key Asset Protection Strategies for Seniors in Northborough Protecting seniors from financial scams requires a combination of legal tools and preventive measures. Here are some of the most effective strategies: 1. Revocable Living Trusts A Revocable Living Trust allows seniors to appoint a trusted family member or advisor as a co-trustee. This structure ensures that transactions are monitored, and any suspicious activity can be flagged early. Additionally, provisions can be included to make the Trust irrevocable in the event of cognitive decline, providing a critical safeguard against manipulation. 2. Irrevocable Trusts For seniors with diagnosed conditions like Alzheimer’s disease, Irrevocable Trusts offer robust protection. These Trusts remove direct control over assets, ensuring that savings are preserved for long-term care or inheritance. 3. Spousal Trusts Romance scams disproportionately target widowed seniors. By placing assets in a Trust designated for a surviving spouse, families can prevent these funds from being misused by unscrupulous individuals posing as romantic partners. Practical Steps to Prevent Financial Fraud Beyond trust planning, families can adopt practical steps to reduce risks: Establish a Financial Power of Attorney : Assigning a trusted individual to oversee financial decisions can prevent unauthorized transactions. Set Up Bank Alerts : Many financial institutions offer alerts for unusual account activity, serving as an early warning system. Educate Seniors About Scams : Open discussions about common fraud tactics help seniors recognize red flags. Foster Open Communication : Scammers often isolate their victims. Regular check-ins and transparency about financial decisions can thwart potential scams. Resources to Help Protect Your Elderly Loved Ones There are several resources available to help protect older Americans from scams: Federal Trade Commission (FTC): Offers advice on avoiding scams and fraud. National Do Not Call Registry : Helps reduce unsolicited sales calls. Fraud Watch Network : Provides information on the latest scams and how to avoid them. Building a Safety Net with Northborough Asset Protection Asset protection planning isn’t just about safeguarding finances—it’s about protecting dignity, relationships, and future well-being. At Kristine Romano Law, we provide compassionate, personalized guidance to help families create strong financial defenses. Our team’s focus on clarity and care has earned us praise from clients for making complex legal processes approachable and stress-free. Speak with an Elder Law Attorney to Prevent Financial Scams The rising threat of financial scams calls for proactive asset protection. If you’re concerned about securing your loved ones’ savings, Kristine Romano Law is here to help. Serving elderly clients and their families in Northborough, we create customized plans to protect your family’s financial future. Take the first step today. Contact us to learn how we can safeguard your legacy. Reference : The Washington Post (Dec. 3, 2024) “The banks warned her it could be a con. The scammer’s influence was stronger”
Southborough estate planning
By Kristine Romano January 10, 2025
Learn about the essential element of a power of attorney that is part of comprehenive Southborough estate planning.
Natick Estate Planning Attorney
By Kristine Romano January 9, 2025
Start off 2025 right by updating your will with one of our Natick estate planning attorneys. Contact Kristine Romano Law for a consultation.
Natick trust lawyers
By Kristine Romano November 7, 2024
Learn the importance of the fiduciary and how Natick trust lawyers can help you select one who will protect your assets and loved ones.
Estate Planning for Domestic Partners in Natick
By Kristine Romano August 27, 2022
Unmarried couples lack automatic legal protections in estate matters, making estate planning for domestic partners essential. Tools like wills, trusts and healthcare proxies protect both partners.
Natick estate planning attorney
By Kristine Romano August 17, 2022
Discover the benefits of joint trusts for married couples with guidance from a Natick estate planning attorney. Learn how joint trusts simplify asset management, avoid probate, and provide tax advantages.
By nathan.erickson July 20, 2022
According to the National Association of Home Builders, in 2018 there were approximately 7.5 million second homes, making up 5.5 percent of the total number of homes.[1] These homes are not only real estate that must be planned for, managed, and maintained, they are also the birthplace of happy memories for you and your loved ones. Following are some important… The post Important Questions to Ask When Investing in a Vacation Property first appeared on Kristine P. Romano, Esq., LLM, PC.
More Posts
Share by: