Do I Need a Lawyer to Draft a Will?
Most people do not wake up one morning thinking, “today is the day I finally sit down and create an estate plan.” In reality, estate planning is something that tends to sit quietly in the background of our lives until something happens that forces us to confront it. That “something” might be marriage, the purchase of a home, the birth of a child, a medical scare, or simply the realization that you want to make sure your wishes are respected and legally enforceable. Whatever brings you here, the truth is the same: estate planning is one of the most important steps you can take to protect yourself and the people you care about. Here at Raimondo & Sundquist, our LGBTQ+ estate planning lawyers are dedicated to providing a wide range of legal services to the LGBTQ+ community, and we’re here to help you get the peace of mind you deserve. Contact our firm today.
At its core, estate planning in New York is designed to accomplish several specific legal objectives. Most estate plans are created to accomplish the following:
If you die without a valid will, New York’s intestacy laws determine who inherits your property. These rules are governed by the New York Estates, Powers and Trusts Law and follow a strict order of priority based on family relationships. Under intestacy rules:
This means that without a will or trust in place, your partner or chosen family members could receive nothing, regardless of how long you have been together.
Estate planning is also about protection. A well-structured plan can do the following:
The New York Surrogate’s Court Procedure Act governs estate administration proceedings. Without careful drafting, loved ones may be drawn into lengthy and public court processes.
Estate planning is not only about death. It also addresses what happens if you become incapacitated due to illness or injury. Without proper documentation, the following can happen:
Although not every estate is subject to tax, New York does impose its own estate tax system. Planning can:
New York estate planning is shaped by several key legal frameworks, including:
The Marriage Equality Act ensures same-sex marriages are treated equally under New York law, which directly impacts spousal inheritance rights and elective share protections.
Although equality under the law has expanded significantly, certain practical realities still require planning.
Unmarried partners do not have automatic inheritance rights under New York intestacy laws. If one partner dies without a will:
To prevent this outcome, unmarried couples should strongly consider the following:
Married same-sex couples have equal rights under both New York and federal law following Obergefell v. Hodges. Some spousal protections include:
However, equality does not eliminate complexity, as blended families, separate property, and prior relationships still require deliberate planning to avoid unintended consequences.
Transgender and nonbinary individuals may face additional considerations related to identity and privacy. Estate planning should address the following:
In many cases, trusts are used to limit public exposure of sensitive personal information.
Many LGBTQ+ families include chosen family members, stepchildren, or non-biological children. Without proper documentation, the following can happen:
A comprehensive estate plan typically includes several coordinated documents.
A valid will allows you to:
A revocable living trust can:
A durable power of attorney allows you to appoint a trusted agent to handle financial matters, including the following:
Under New York’s Health Care Proxy Law, you may designate someone to make medical decisions on your behalf. This document helps you:
A living will outlines your end-of-life care preferences, including the following:
Certain assets pass outside of a will or trust, including the following:
Establishing legal parentage is critical. New York recognizes the following:
Parents may name guardians for minor children in their wills and should also name backup guardians. Surrogate’s Court will consider the following:
If a child has a disability, careful planning is essential. This may include:
Without this planning, a child could unintentionally lose access to important assistance programs.
Estate planning for LGBTQ+ individuals and families in Buffalo is not simply about drafting documents and putting them in a drawer. It is about ensuring that your relationships, your identity, and your intentions are respected under New York law. While statutes such as the Marriage Equality Act and federal recognition of same-sex marriage have strengthened protections, default rules rarely reflect the complexity of real families. If you are ready to take steps toward protecting yourself and your loved ones, contact an experienced Buffalo LGBTQ+ estate planning attorney here at Raimondo & Sundquist LLP today.
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