Why Every Same-Sex Couple Needs a Will—Even If You're Married -Protect your partner, your legacy, and your peace of mind

Marriage equality has brought significant legal protections to same-sex couples, but when it comes to your estate and legacy, relying solely on marital status can still leave you vulnerable. That’s where a will becomes essential.

Whether you're newly married, in a long-term relationship, or somewhere in between, having a legally valid will is one of the most important steps you can take to protect each other and ensure your wishes are honored.

Here’s why:

1. A Will Puts You in Control

Without a will, state law determines who inherits your property—often prioritizing biological family over your partner, especially if you're unmarried or your marriage isn’t recognized by local authorities.

A will allows you to:

• Leave specific assets to your spouse or partner

• Distribute personal items, heirlooms, or property the way you want

• Name a trusted executor to manage your estate 

• A will makes your intentions clear—and legally binding.

2. Protects the Surviving Partner from Family Disputes

Sadly, stories still emerge of grieving same-sex partners being excluded from funerals or pushed out of shared homes by unsupportive relatives. A will can:

• Prevent challenges from family members who might contest your partner’s rights

• Serve as legal evidence of your intentions regarding property and funeral arrangements

• Reinforce your partner’s right to remain in your shared home or retain sentimental belongings

• Include language in your will that directly addresses and names your partner to minimize any ambiguity.

3. Essential for Unmarried Couples

If you and your partner aren’t legally married, a will is not optional—it’s critical.

Without it, your partner:

• May receive nothing from your estate

• Could lose access to jointly shared possessions (especially if titled in only one name)

• Might face legal battles just to stay in your shared residence

• In most states, intestacy laws (the rules that apply when someone dies without a will) do not recognize unmarried partners, regardless of the length or depth of the relationship.

4. Provides for Children, Pets, and Chosen Family

If you’re raising children—biological, adopted, or from previous relationships—a will lets you:

• Name a legal guardian for your children

• Set up financial provisions for their care

• Ensure your partner retains custody, especially if they are not the legal parent

You can also:

• Leave resources for your pets

• Support friends, chosen family, or charitable causes that matter to you

5. Simplifies the Legal Process After Death

Losing a partner is devastating enough—don’t make it harder with legal red tape. A will:

• Streamlines probate (the court process for handling your estate)

• Reduces stress, confusion, and unnecessary legal expenses

• Ensures that someone you trust is in charge of carrying out your final wishes

Finally

Creating a will isn’t just about preparing for death—it’s about living with peace of mind. For same-sex couples, especially those with complex family dynamics or unique legal considerations, it’s a vital document that reinforces your bond, secures your partner’s future, and expresses your love in a powerful and lasting way.

Don’t wait until it’s too late. Call us today to draft a will tailored to your relationship, family, and goals. We are LGBGQ+ Owned and Operated and understand your needs on a personal level.