As Pride Month begins, we celebrate the progress made toward equality while acknowledging that LGBTQIA+ individuals, couples, and families still face unique legal challenges. Despite the landmark decision in Obergefell v. Hodges that established marriage equality nationwide, gaps in legal protection remain that can affect everything from healthcare decisions to inheritance rights. Having proper estate planning is not just important—it’s essential for ensuring your wishes are honored and your loved ones are protected.
The Evolving Legal Landscape for LGBTQIA+ Families
While significant legal advancements have been made for LGBTQIA+ individuals and families, the legal landscape remains complex and varies by state. Marriage equality was a tremendous step forward, but it didn’t solve all the legal challenges faced by the community.
For example, in some states, legal recognition of non-biological parents in same-sex relationships can be tenuous without proper documentation. Healthcare directives might be questioned if estranged biological family members challenge a partner’s right to make decisions. Assets without proper beneficiary designations could end up with distant relatives instead of long-term partners.
Many LGBTQIA+ adults in the U.S. are in committed relationships or raising children. They are also often less likely to have estate plans in place compared to their heterosexual counterparts, leaving them particularly vulnerable to legal complications.
Relying solely on marriage equality for protection is insufficient. Without comprehensive planning, you risk leaving crucial decisions about your health, assets, and loved ones to a system that may not align with your wishes. But with proper Life & Legacy Planning, you can create legal safeguards that respect your unique family structure and ensure your voice is heard.
Traditional Estate Planning vs. Life & Legacy Planning
Traditional estate planning typically focuses on creating basic documents like wills and powers of attorney. While these documents are important, they may not address the unique considerations of LGBTQIA+ individuals, couples, and families, and can even provide a false security that results in a failure of the documents, when it’s both too late and when they’re needed most.
For instance, a standard will may distribute assets according to your wishes, but it doesn’t prevent the probate process—a public proceeding where estranged family members could contest your decisions. Traditional planning also tends to be transaction-based, with minimal updates over time, despite changing laws, assets, and life circumstances.
In contrast, Life & Legacy Planning takes a more comprehensive approach. This planning methodology considers not just your financial assets but your entire legacy—including your values, experiences, and hopes for future generations. It’s designed to evolve with you throughout your lifetime, adapting to changes in your relationship status, family structure, and the legal landscape.
Life & Legacy Planning includes several key elements that traditional planning often overlooks:
First, it starts with education about what would happen to you and your loved ones if you become incapacitated or die without a plan. This understanding forms the foundation for making empowered and informed decisions about the planning you want and need.
Second, Life & Legacy Planning includes a thorough inventory of your assets—not just financial assets but also your intangible assets like values and life lessons you want to pass on.
Third, it addresses healthcare decision-making comprehensively, ensuring your chosen advocate can speak for you without unnecessary legal hurdles.
Fourth, Life & Legacy Planning ensures your plan will be reviewed and updated as laws change and your life evolves, so it works when you and your loved ones need it to.
Most importantly, when you work with us to create your Life & Legacy Plan, we’ll take into account the unique challenges you and your loved ones might face, creating robust protections tailored to your specific situation.
Essential Protections for LGBTQIA+ Individuals and Families
For LGBTQIA+ individuals and families, certain legal protections are particularly crucial. Let’s explore the key elements that should be part of your Life & Legacy Plan:
Healthcare Documents: Healthcare power of attorney and living will documents are vital. These ensure your chosen person can make medical decisions if you cannot, preventing biological family members from overriding your partner’s authority. They also specify your wishes regarding life-sustaining treatment, sparing your loved ones from having to make difficult decisions without guidance.
Financial Protection: Financial powers of attorney allow your designated representative to manage your finances if you become incapacitated. Without this document, your partner or chosen family might have no legal right to access your accounts to pay bills or manage your affairs, even if you’ve been together for decades.
Inheritance Planning: While marriage provides some inheritance rights, a comprehensive trust can offer stronger protections. Trusts can help avoid probate, provide privacy, and ensure your assets pass to your chosen beneficiaries regardless of potential challenges from family members.
Protecting Non-Traditional Families: For same-sex couples with children, additional protection is critical. This might include adoption paperwork, parenting agreements, or guardianship designations to ensure your children remain with your partner or chosen guardian if something happens to you.
Digital Legacy Planning: In today’s digital world, your online presence and digital assets need protection too. Properly documenting access information and your wishes regarding social media accounts, cryptocurrencies, and digital files is increasingly important.
Creating Your Life & Legacy Plan
Creating your plan begins with finding the right advisor—someone who understands the unique considerations of LGBTQIA+ individuals, couples, and families. We specialize in creating comprehensive plans that address not just the standard elements of estate planning but also the specific concerns of the LGBTQIA+ community.
The process starts with a Life & Legacy Planning Session, during which we’ll discuss your family structure, goals, and concerns. We’ll explain what would happen to your loved ones and assets under current law if you became incapacitated or passed away without a plan. Then, together, we’ll design a plan that reflects your wishes and provides maximum protection for your family.
Once your plan is in place, we’ll meet regularly to review and update it as needed. Laws change, life circumstances evolve, and your plan should adapt accordingly. This ongoing relationship ensures your plan remains effective and relevant throughout your life.
How to Get Started Now
Pride Month is a time to celebrate identity, love, and family in all its diverse forms. It’s also an ideal opportunity to ensure those you love most are legally protected. By creating your Life & Legacy Plan with us, you can have confidence that your wishes will be honored and your loved ones will be cared for, regardless of how laws or attitudes may change in the future.
Take the first step toward comprehensive protection for yourself and your loved ones. Schedule a complimentary 15-minute call and get started today.
Schedule a complimentary 15-minute consultation with us to learn more.
This article is a service of Kendra Strong-Tehrani at Strong Law. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Life & Legacy Planning Session, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life & Legacy Planning Session.
The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer® firms, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.
Proper estate planning can keep your family out of conflict, out of court, and out of the public eye. If you’re ready to create a comprehensive estate plan, contact us to schedule your Life & Legacy Planning Session. Even if you already have a plan in place, we will review it and help you bring it up to date to avoid heartache for your family. Schedule online today.
