Estate Planning

Estate planning for LGBTQ+ individuals and families.

Estate planning matters for everyone, and for LGBTQ+ individuals and families, a deliberate plan is often especially important to ensure the law reflects your actual wishes.

By Tresp, Day & Associates · June 25, 2020

The short version Default inheritance and decision-making laws are built around traditional family structures and may not reflect the realities of LGBTQ+ families, particularly for unmarried partners, non-biological parents, and blended families. A deliberate estate plan, wills, trusts, powers of attorney, healthcare directives, and beneficiary designations, ensures your partner, children, and chosen family are protected exactly as you intend.

Estate planning exists to make sure the right people are cared for and the right decisions are made when you can’t make them yourself. For LGBTQ+ individuals and families, relying on default legal rules can produce outcomes far from your wishes, which makes proactive planning particularly valuable.

Why defaults can fall short

Intestacy laws (which govern who inherits without a plan) and default decision-making rules prioritize spouses and biological relatives. For an unmarried partner, a non-biological or non-adoptive parent, or a blended family, those defaults may exclude the very people you consider family, leaving a partner with no inheritance rights or a co-parent without legal authority.

What a plan secures

Core documents to have

Will and/or trust, direct assets to your partner, children, and chosen beneficiaries
Powers of attorney, name who manages your finances if you can’t
Healthcare directive, ensure your partner can make medical decisions and visit you
Beneficiary designations, keep accounts and policies aligned with your wishes
Parentage & guardianship, secure legal parent-child relationships and name guardians

Plan with care

The right plan protects your family the way you define it. Tresp, Day & Associates helps all families build estate plans that reflect their wishes and protect the people who matter most.

Ready to protect what is yours?

Since 1992, Tresp, Day & Associates has structured asset protection for families and businesses nationwide. Request a consultation or call (858) 755-6672.

Common questions

Frequently asked

Why is estate planning especially important for LGBTQ+ families?

Because default inheritance and decision-making laws are built around spouses and biological relatives, they may exclude an unmarried partner, a non-biological parent, or a blended family. A deliberate plan, will or trust, powers of attorney, healthcare directive, beneficiary designations, and steps to secure legal parentage, ensures your partner, children, and chosen family are protected exactly as you intend.

This article is general information, not legal or tax advice, and does not create an attorney-client relationship?

This article is general information, not legal or tax advice, and does not create an attorney-client relationship. Every situation is different and the law changes; consult a qualified attorney about your circumstances.

This website is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Every situation is different; please consult a qualified attorney about your specific circumstances.

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