Estate Planning Essentials for Colorado’s LGBTQ+ Community

Estate planning is an essential part of protecting your future—and for LGBTQ+ individuals and families in Colorado, it's especially important to ensure that your wishes are clearly documented and legally enforceable. While legal strides have expanded rights and recognition, many default inheritance laws still assume traditional family structures. Without a comprehensive estate plan, your assets and decision-making authority could end up in the wrong hands.

Why Estate Planning Matters More for LGBTQ+ Families

Even with marriage equality and anti-discrimination protections in Colorado, LGBTQ+ individuals may face unique challenges when it comes to family recognition, medical decisions, and asset distribution. This is particularly true for:

• Unmarried couples

• Blended families

• Co-parenting arrangements

• Estranged family relationships

• Transgender individuals seeking to protect gender identity and personal dignity

Having a clear, legally sound estate plan in place ensures that your partner, children, and chosen family members are honored and protected.

Key Documents Every LGBTQ+ Person Should Consider

1. Will
   A will outlines how your assets will be distributed and who will care for any minor children. Without one, Colorado’s intestate laws may pass your property to biological relatives, excluding your partner or chosen family.

2. Revocable Living Trust
   Trusts offer privacy and help avoid probate, making it easier for loved ones to manage your estate. They’re especially useful for complex family structures and multi-parent households.

3. Durable Power of Attorney
   This document allows someone you trust to handle financial matters if you become incapacitated. Without it, the court may appoint someone unrelated to you or unaligned with your values.

4. Medical Power of Attorney & Living Will
   These documents empower your partner or trusted individual to make healthcare decisions and ensure your medical wishes (including end-of-life care) are respected—critical in emergencies.

5. Parenting Agreements and Nomination of Guardians
   For LGBTQ+ parents, especially in non-biological or non-adoptive roles, legal agreements are key to ensuring ongoing parental rights and avoiding custody challenges.

Avoiding Common Pitfalls

• Relying on Verbal Agreements: Colorado courts require written, notarized legal documents—intentions alone aren't enough.

• Failing to Update Documents After Marriage, Divorce, or Transition: Keep documents current to reflect name changes, legal gender, or new relationships.

• Omitting Digital Assets or Online Accounts: Include instructions for social media, financial apps, and cloud storage in your plan.

Work with Affirming Legal Professionals

Working with an attorney who understands LGBTQ+ legal concerns ensures your plan is personalized, respectful, and enforceable. They can help you navigate sensitive areas such as:

• Protecting non-traditional family members from legal challenges

• Managing property owned prior to legal marriage

• Planning for long-term care or assisted living with LGBTQ+-inclusive providers

Protect Your Legacy with Confidence

Estate planning is an act of love and empowerment. By taking proactive steps now, you can ensure that your wishes are honored, your loved ones are cared for, and your values are preserved—no matter what the future holds.

Need help building an estate plan tailored to your life and your loved ones? Our Colorado-based legal team is here to support LGBTQ+ individuals and families with compassionate, knowledgeable guidance every step of the way.