Does my partner inherit anything if we are not married?

No. Under Illinois intestate succession, an unmarried partner receives nothing, no matter how many years you shared or whose name is on the lease. Marriage changes this; a will does too. For unmarried couples and many LGBTQ+ families, a will plus the right supporting documents is how you legally provide for each other. It is one of the kindest things a will can do.

Can I change my will after it is signed?

Yes, any time. Wills are not carved in stone. People update them after a marriage or divorce, a new child, a death in the family, a move or a change in what they own. Reviewing your will every few years keeps it up to date. Andrew can review an old will and tell you plainly whether it still says what you mean.

LGBTQ+ Estate Planning in Illinois: A Firm That Gets It

If you are looking for an LGBTQ estate planning attorney in Illinois, this firm was built for you. The Law Office of Andrew J. Mertzenich is an LGBTQ+-owned practice in Rockford offering inclusive estate planning to individuals, same-sex couples, and families of every shape. Whether you are an unmarried partner, a transgender person, or part of a chosen family, the right estate plan protects the people and the life you have built.

Illinois law defaults to a family structure that does not reflect every household. Without a plan in place, the state's default rules distribute your assets and make decisions about your medical care based on categories that may not fit your life at all. For unmarried couples, including same-sex couples who have chosen not to marry, this gap is serious. Illinois intestate succession passes assets to blood relatives first. Your partner has no legal claim to your estate unless you have given them one in writing. Estate planning for unmarried couples in Illinois is not optional. It is the only legal tool that creates that protection. For married same-sex couples, a plan still matters. Marriage provides a legal foundation, but it does not automatically name your spouse as your healthcare agent, protect your assets from the probate process, or address the real complexity of your lives.

What a Healthcare Power of Attorney Means for Your Partner

A healthcare power of attorney names the person who can make medical decisions for you if you cannot speak for yourself. Without one, Illinois law looks first to legal next of kin. A partner who is not your legal spouse may not be recognized in a medical emergency, depending on your circumstances. A healthcare power of attorney removes that uncertainty. It is one of the most important documents an LGBTQ+ individual can have, and for any unmarried couple it should be a priority.

Protecting an Unmarried Partner Through Your Will and Trust

A will names your beneficiaries. Without one, your estate goes to the relatives Illinois law designates. Your partner receives nothing. A trust goes further: it transfers assets directly to the people you choose, avoids the public probate process, and can include instructions that a standard will does not address. For couples with shared property, blended families, or significant assets accumulated outside of marriage, a trust is often the most protective option available.

Transgender Estate Planning in Illinois

Transgender estate planning in Illinois involves one additional layer that many clients do not think about until they need a document and find the name on it no longer matches their records. If you have changed your name or gender marker, your will, trust, powers of attorney, and declaration for disposition of remains should all reflect your current legal name. Inconsistent names across documents and government ID can create delays and complications when a document is needed most.

Chosen Families and Non-Traditional Households

Not every family fits the categories the law was built around. Polyamorous households, chosen families, and non-traditional caregiving arrangements all deserve thoughtful planning. An estate plan can name anyone, not only a spouse or a blood relative, as your healthcare agent, the executor of your estate, or a beneficiary under your will or trust.

Andrew Mertzenich founded the Rockford Area Pride Committee in 2023 and led Rockford's first official LGBTQ+ Pride Parade in 2024. He is the author of Forest City Yester-Queer, the first full-length history of Rockford's LGBTQIA+ community. This is not a firm that adds an inclusivity statement to its website. It is a firm where LGBTQ+ clients are the people this practice was built for.

Frequently asked questions

Will Questions

LGBTQ Estate Planning

You can write your own will, and Illinois will honor it if the formalities are met. But a single mistake in how it is signed or witnessed can undo the whole document, and courts see it happen. A will attorney also catches what a form cannot: a guardian choice nobody wants, a gift that creates a family fight, a plan that accidentally disinherits the person you meant to protect. Andrew drafts wills that hold up and explains every line before you sign.

An Illinois court decides who raises them. Family members can ask to be appointed and the judge chooses based on the child's best interest, without ever hearing what you would have wanted. Naming a guardian in your will puts your choice in front of the court and gives the person you trust a clear path, so your children spend the hardest days of their lives with the person you picked, not whoever stepped forward first.

What's my next step?

Your family deserves a plan built for your actual life, not the family the state assumes you have. Call 815-420-8261 or use the contact form to schedule a consultation at the Rockford office, the Belvidere location, or by phone or video.

The Law Office of Andrew J. Mertzenich

Plan Today, Embrace Tomorrow