Estate Planning for LGBTQ Couples & Individuals

New Administration LGBTQ+ Fears and Dual Citizenship: How to Secure Your Future in Uncertain Times

In the wake of the new Trump administration, many LGBTQ+ individuals and couples are worried about the future and whether your rights will be protected in this changing political landscape. Estate planning is one of the most powerful ways to safeguard your future and protect your loved ones.
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Picture of By: Shannon McNulty, Attorney, The Village Law Firm

By: Shannon McNulty, Attorney, The Village Law Firm

Shannon's work is sophisticated and reflects her deep knowledge of the laws governing estates, taxation and child guardianship issues. Shannon approaches each client with sensitivity and compassion, understanding that many of the decisions that they will have to make can be difficult.

Learn More About Shannon

As political uncertainty grows in the United States, particularly for the LGBTQ+ community, many individuals are exploring ways to secure their rights and protect their futures. The Washington Blade highlights a notable trend: a rise in interest among LGBTQ+ Americans in securing dual citizenship, particularly through programs like Portugal’s Golden Visa. For those in New York City, this conversation also underscores the critical role of proactive estate and legal planning.

If you’re considering your options, The Village Law Firm is here to help you create a legal planning strategy that can help those in LGBTQ+ New York City community navigate these complex times and take steps to safeguard your rights, assets, and family.

Why Are LGBTQ+ Americans Seeking Dual Citizenship?

The re-election of Donald Trump has raised alarms within the LGBTQ+ community about potential rollbacks of civil rights, increased societal hostility, and threats to personal safety. Concerns range from restrictions on gender-affirming care to broader discrimination targeting LGBTQ+ individuals.

Golden Visa programs have become a popular “Plan B” for those looking to maintain their ties to the U.S. while gaining the security of dual citizenship. According to the Washington Blade, inquiries about Portugal’s program surged following the election, with LGBTQ+ Americans making up a significant portion of applicants.

What Makes Golden Visas Appealing?

  1. Minimal Residency Requirements: Applicants need only spend seven days a year in Portugal to maintain eligibility.
  2. Path to Citizenship: After five years, investors can apply for a passport granting access to all 27 EU countries.
  3. LGBTQ+ Inclusivity: The program is family-friendly and explicitly inclusive of same-sex partners and dependents.

With strong LGBTQ+ protections, inclusive culture, and progressive policies, Portugal is one country that offers a haven for those seeking a more secure future.

How Estate Planning Can Safeguard Your Rights

While dual citizenship may provide an international safety net, a comprehensive legal plan can protect your rights at home and abroad. In New York City, LGBTQ legal planning is a vital tool for ensuring your wishes are respected, your assets are secure, and your family is protected.

1. Advance Health Care Directives

Ensure your health care preferences are honored by appointing someone you trust to make medical decisions if you become incapacitated. This is especially crucial for transgender individuals, as it allows for specific instructions to maintain gender identity during care.

2. Durable Power of Attorney

This document empowers a trusted individual to manage your finances if you’re unable to do so. Without it, a court could appoint someone who may not align with your values.

3. Living Revocable Trusts

Protect your assets from being distributed according to intestacy laws, which often favor biological family members. A trust allows you to designate beneficiaries, ensuring your assets go to your partner, chosen family, or charities that align with your values.

4. Guardianship Designations

For LGBTQ+ parents, naming guardians for minor children in a will ensures your children’s upbringing reflects your values and prevents custody disputes. We also recommend a second-parent adoption for non-birthing parents.

5. International Estate Planning

If you’re pursuing dual citizenship or acquiring property abroad, international estate planning ensures seamless coordination between U.S. and foreign laws. We recommend working with a trusted estate planning attorney with experience in international jurisdictions and legal planning, like the team at The Village Law Firm, to ensure your legal planning is respected wherever you live.

Why Now Is the Time to Create or Update Your Estate Plan

The current political climate highlights the importance of proactive planning. Waiting until your rights are threatened or revoked can leave you and your loved ones vulnerable.

By combining dual citizenship with a robust legal plan, you can secure your freedom to live, work, and retire in a safe environment while ensuring your wishes are respected in any jurisdiction.

The Village Law Firm Supports the LGBTQ+ Community

At The Village Law Firm, we understand the unique challenges facing LGBTQ+ individuals in today’s political and social climate. As a trusted resource for New York City LGBTQ legal planning, we offer compassionate, tailored guidance to protect your rights, your family, and your future.

Whether you’re interested in exploring dual citizenship, setting up an estate plan, or securing international assets, we’ll work with you to develop a strategy that meets your needs and aligns with your values.

Estate Planning Protects LGBTQ+ Rights

Don’t wait for uncertainty of the new Trump administration to impact your life. Take control by working with the trusted estate planning team at The Village Law Firm to help you secure your rights and plan for the road ahead. Book an initial call with our New York City team today. 

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