Estate Planning for LGBTQIA Couples in Michigan

In a time of growing political uncertainty, the LGBTQIA+ community is once again facing the possibility of civil rights rollbacks and legal ambiguity. It’s understandable that many LGBTQIA+ Michiganders feel a renewed urgency to protect what matters most: their loved ones, their identities, and their futures.

At Law Office of Julie A. Paquette, we stand with the LGBTQIA+ community. Our mission is to empower individuals and couples to take control of their legal and financial futures through comprehensive, compassionate estate planning.

Led by Julie Paquette, our legal team brings years of extensive experience, care, and clarity to every estate planning conversation.

Why Estate Planning Is Especially Important for LGBTQIA+ Couples in Michigan

Many of the legal rights that heterosexual couples take for granted have only recently become legally accessible to LGBTQIA+ couples.

These legal rights include:

Hospital visitation
Inheritance
Health care decision-making
Guardianship of children

While marriage equality remains federally protected under Obergefell v. Hodges, its future is uncertain. If the decision is overturned, couples who fail to proactively plan their estates could find themselves unprotected, especially in emergency or end-of-life scenarios.

Michigan law does not automatically protect unmarried or non-legally recognized partners. Even for married couples, an estate plan is necessary to preserve autonomy, define family, and ensure your wishes are honored.

Key Estate Planning Documents for LGBTQIA+ Couples in Michigan

Here are some of the most essential components of a secure estate plan for LGBTQIA+ individuals and couples in Michigan.

1. Revocable Living Trust

Think of this as the foundation of your estate plan. A revocable trust allows you to:

Avoid probate (a public and often time-consuming legal process)
Maintain control over how your assets are distributed
Designate your partner or chosen family as beneficiary.

A revocable living trust is also helpful in states or times where your marriage may not be legally recognized, acting as a strong shield of autonomy.

2. Last Will and Testament

A will allows you to name the following:

Guardians for your minor children
Beneficiaries for any assets not included in your trust
An executor to handle your estate affairs

Without a will, Michigan’s intestacy laws will determine who inherits your estate, which may not include your partner or chosen family.

3. Durable Power of Attorney

A durable power of attorney lets someone you trust handle your finances if you become incapacitated. It’s essential for same-sex or unmarried partners to prevent financial decisions from falling into the hands of estranged relatives or third parties.

4. Medical Power of Attorney

A medical power of attorney allows someone to make medical decisions on your behalf if you cannot. This is critical if your relationship is not legally recognized or if you have specific gender-affirming care preferences that must be respected.

5. Hospital Visitation Authorization

Even if married, carrying this document helps ensure your partner or chosen family has access to you in a hospital setting, especially if traveling outside of Michigan to a state with less LGBTQIA+ protection.

6. Disposition of Remains Directive

This ensures your partner or designated agent controls your funeral and burial decisions, not a biological family member who may not honor your wishes.

7. Guardianship Documents

If raising children, ensure your partner is legally recognized as a guardian, even if not biologically related. Confirmatory adoption or second-parent adoption is strongly recommended to protect parental rights.

Should You Consider Marriage or Prenuptial Agreements?

While no one should feel pressured to marry out of fear, it’s worth considering the 1,100+ federal rights afforded to legally married couples, including:

Social Security and veteran benefits
Joint tax filing
Health insurance coverage

If you’re planning to marry, we recommend discussing a prenuptial agreement. It’s a proactive, empowering document that helps define financial expectations and asset distribution in a way that reflects your relationship, not just state laws.

IDs, Name Changes, and Documentation

With increasing concerns around gender-affirming care and ID laws, LGBTQIA+ individuals, especially trans and non-binary people, should prioritize securing legal name changes and updating IDs, passports, and Social Security records. These documents are not just symbolic, they’re essential for travel, voting, and healthcare access.

Dual Citizenship Concerns for LGBTQIA+ Community

Many LGBTQIA+ Americans are exploring dual citizenship or second residencies abroad, especially in LGBTQIA+-inclusive countries such as Portugal. If you’re purchasing property or establishing residency outside the U.S., international estate planning becomes essential.

A coordinated estate plan can ensure your wishes are honored in the U.S. and overseas, helping you protect global assets and ensure continuity across borders.

Contact Our Estate Planning Attorneys at the Law Office of Julie Paquette Today

Your life, your family, and your identity deserve protection. While we cannot control the political climate, we can control how prepared we are. Whether you’re just starting your estate planning journey or updating an existing plan, our estate planning attorneys are here to help.