When most people think about estate planning, they picture something far off in the future, something to worry about later. Others assume that if they are married, everything will automatically fall into place. But for many LGBTQ+ couples, especially those who are not legally married, that assumption can lead to serious complications. That is why thoughtful LGBTQ+ estate planning is essential to protect your rights, your partner, and your legacy.
Marriage does not always equal protection
While same-sex marriage is legally recognized across the U.S., many LGBTQ+ couples choose not to marry for many reasons. The problem? Without a marriage certificate, your partner may not have any legal rights if something happens to you.
This is where estate planning becomes more than just a smart idea; it becomes essential. It is about more than just paperwork. It is about protecting your partner, your rights, and the life you have built together.
Unmarried partners do not have automatic rights
If you are in a long-term relationship but not legally married, the law does not give your partner automatic decision-making powers. In the event of a medical emergency or death, your partner might not be able to access your medical records, make healthcare decisions, inherit your assets, or even plan your memorial.
Even if you have been together for decades and share a home and finances, those bonds are not recognized in the eyes of the law unless you have documented your wishes. That is why estate planning for LGBTQ+ couples, especially those who are not married, is so important.
Why a simple will is not enough
A will is a great starting point, but it is not the full picture. To make sure your partner is fully protected, your estate plan should also include:
- Advanced Healthcare Directive: Outlines your medical wishes if you cannot communicate.
- Durable power of attorney for healthcare: Gives your partner legal authority to make medical decisions.
- Financial power of attorney: Allows them to manage your financial affairs if you are incapacitated.
- A trust (if needed): Helps transfer assets smoothly and privately.
- Updated beneficiary designations: Ensures your partner receives life insurance, retirement accounts, or other funds directly.
These legal tools work together to ensure your wishes are followed and your partner is not left vulnerable.
Avoiding family disputes
One of the most heartbreaking scenarios we see is when a surviving LGBTQ+ partner is left out of critical decisions because the family of the deceased was not supportive or did not recognize the relationship. Without legal documents, family members may have the authority to make decisions that completely override your partner’s role in your life.
A well-prepared estate plan helps prevent those kinds of painful conflicts. It puts your partner in a legally protected position and clearly spells out your intentions.
Planning for children
If you and your partner are raising children together, estate planning becomes even more urgent, especially if one of you is not the child’s legal parent. In the eyes of the law, that can create a gray area unless legal guardianship and custody designations are included in your plan. The right documents can help ensure your child remains in the care of the person you both intended, no matter what the future holds.
It is not just about finances, it is about respect
At the end of the day, estate planning is about more than just assets. It is about love. It is about honoring your partner, your family, and your life together. For LGBTQ+ couples, a customized estate plan is one of the most meaningful ways to claim your rights, protect each other, and make sure your voice is heard, no matter what happens.
Let us create a plan that honors your life together
Di Duca Ellingson, APC, provides inclusive, compassionate estate planning for LGBTQ+ individuals and couples. We understand the unique challenges you face, and we are here to help you create a plan that reflects your values and protects the people you love.
Schedule your free consultation today by calling (530) 343-3454. We are here to help you build peace of mind and a plan you can count on.