Cardoso Estate Planning Firm > LGBT Individuals and Couples
Estate Planning for LGBT Individuals and Couples
Author: Danielys Cardoso | 5 min of lecture | july 30, 2025
Why Estate Planning Is Essential for the LGBTQ+ Community?
Even after the legalization of same-sex marriage in the U.S., many LGBTQ+ individuals still face unique legal and personal challenges when it comes to estate planning. Issues such as:
- Unmarried partnerships
- Non-biological parenting
- Estranged family relationships
- Discriminatory legal environments
can all complicate the process of securing your loved ones and honoring your wishes. Estate planning for LGBT individuals and couples is not just about wealth—it’s about control, safety, and dignity.
Key Legal Protections Every LGBT Person Should Have
Whether single, married, or in a committed relationship, there are core documents every LGBTQ+ person should have to protect themselves and their chosen family.
– Last Will and Testament
Your will:
- Distributes your assets according to your wishes
- Names a guardian for any minor children
- Appoints an executor to carry out your plan
Without a will, state intestacy laws decide who inherits—often favoring biological relatives over partners, even in estranged or unsupportive families.
– Durable Power of Attorney
This allows someone you trust to handle:
- Financial decisions
- Property management
- Banking and taxes
especially crucial if you’re incapacitated. Without it, your partner or spouse may need to petition a court for permission to help.
– Health Care Proxy and Living Will
These healthcare directives ensure:
- Your partner can make medical decisions on your behalf
- Doctors follow your preferences on life support, resuscitation, and organ donation
Hospitals may turn to legal next of kin if no healthcare proxy is in place—potentially excluding your partner or spouse, especially in less LGBTQ+-friendly regions.
Marriage Equality and Unmarried LGBTQ+ Partners
The 2015 Supreme Court decision in Obergefell v. Hodges granted marriage rights to same-sex couples nationwide. However, many LGBTQ+ couples remain unmarried, either by choice or due to previous legal limitations.
If you’re unmarried, estate planning becomes even more critical:
- Your partner is not a default heir under state law
- You must designate each other in legal documents (will, trust, healthcare proxy, etc.)
- You’ll need to carefully title assets and use beneficiary designations to ensure your partner inherits what you intend
An estate planning attorney for LGBT couples can structure your documents to provide the same protections that married couples receive automatically.
Estate Planning for LGBTQ+ Parents and Families
Many LGBTQ+ families are formed through:
- Adoption
- Surrogacy
- Donor arrangements
- Previous relationships
This often creates complex parental rights and guardianship issues, especially when only one parent is biologically or legally recognized.
Your estate plan should:
- Name a guardian for minor children
- Create a trust to provide for your children if you pass away
- Clarify your children’s legal relationship to both parents
In some states, a second-parent adoption or parentage order may be necessary to establish full legal rights.
Protecting Assets, Real Estate, and Joint Property
How you own and title property affects how it transfers after death.
Options include:
- Joint tenancy with right of survivorship: Property passes to the surviving owner automatically
- Revocable living trust: Avoids probate and allows detailed control over who receives what, and when
- Transfer-on-death (TOD) deeds or accounts: Avoid court involvement and go directly to named beneficiaries
Be sure to update all beneficiary designations—especially on retirement accounts, life insurance, and investment accounts—to reflect your current relationship and intentions.
Choosing Trusted Agents, Executors, and Guardians
One of the most overlooked—but vital—decisions in estate planning is who you name to carry out your plan.
For LGBTQ+ individuals, this can be especially sensitive. Many are estranged from family members who:
- May not respect your identity or relationship
- Could contest your will
- Might not honor your healthcare wishes
Choose people who understand and support your values, and consider:
- Partner/spouse
- Close friends
- LGBTQ+-affirming professionals
Be sure to name alternates, in case your primary choice is unavailable or unwilling.
Unique Risks: Estranged Families, Discrimination, and State Laws
Even in a post-marriage-equality era, not all states are equally supportive. Some potential risks include:
- Family members contesting a will or denying partner rights
- Healthcare facilities ignoring chosen family without legal documents
- State-specific rules that limit non-relative inheritance
An experienced estate planning lawyer for LGBT individuals can help you:
- Strengthen legal protections
- Structure your plan for state compliance
Prevent family interference or discrimination
Charitable Giving and Legacy Planning in LGBTQ+ Estate Plans
Many LGBTQ+ individuals choose to leave a legacy that reflects their personal journey and values.
Consider including:
- LGBTQ+ nonprofits, advocacy groups, or scholarship funds
- Donor-advised funds to guide charitable giving over time
- Charitable remainder trusts (CRTs) that support both family and causes
Your estate plan is a powerful tool to give back and build something lasting beyond your lifetime.
FAQs: Estate Planning for LGBT Individuals and Couples
What if I’m unmarried—can my partner still inherit?
Not without proper documents. You’ll need to use a will, trust, or TOD designations to ensure your partner is protected.
Can my estranged family challenge my estate?
Possibly. But a strong estate plan (with clear documents and legal support) can reduce the chances of a successful challenge.
Should we have separate or joint wills?
It depends. Mirror wills work for many couples, but trusts offer more flexibility, privacy, and control.
What’s the most important document for LGBTQ+ individuals?
All are important, but healthcare proxies and powers of attorney are especially critical for those without legal spouses.
Can we protect our children if only one of us is a legal parent?
Yes, but you’ll need to establish guardianship and consider legal adoption, plus clear instructions in your estate documents.
Affirm Your Wishes, Empower Your Loved Ones
Estate planning for LGBT individuals and couples isn’t just about legality—it’s about affirmation, security, and respect. It ensures that your life partner, your children, and your values are honored, even when you’re no longer here to speak for yourself.
Whether married or not, with children or without, your legacy deserves to be protected on your terms. Work with an inclusive, experienced estate planning attorney for LGBT clients who understands your needs and shares your commitment to building a future of clarity and confidence.
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Danielys Cardoso is a Florida-based Estate Planning Attorney and founder of her own firm. She helps families, professionals, and couples—married or not—create personalized plans to protect their legacy and loved ones. With years of legal experience, Danielys is known for making estate planning clear, approachable, and empowering.