Pride and Protection: Estate Planning Essentials for LGBTQ+ Couples and Families
The Obergefell v. Hodges decision in 2015 was a watershed moment. For the first time, same-sex marriages were recognized nationwide, granting LGBTQ+ couples access to the same legal rights and protections as straight couples.
But here’s something many people don’t realize: marriage equality didn’t eliminate the need for estate planning. If anything, it made comprehensive planning more important.
That’s because legal protections can change. Family dynamics are complicated. And for many in the LGBTQ+ community, “family” extends beyond blood relatives to include chosen family: partners, friends, and loved ones who may have no legal standing without proper documentation.
This Pride Month, let’s talk about why estate planning matters for LGBTQ+ individuals and families, and what you can do to protect the people you love.
Why Estate Planning Is Essential for the LGBTQ+ Community
While marriage provides important legal protections, it doesn’t cover everything. And for those who aren’t married (by choice or circumstance) the legal landscape is even more uncertain.
Consider these scenarios:
Without a Health Care Surrogate, hospitals may turn to blood relatives, not your partner, for medical decisions. Even if you’re married, having documentation removes any ambiguity.
Without a will or trust, your assets may not go where you want them to. Unmarried partners have no automatic inheritance rights under Florida law. And even married couples may want to provide for chosen family members who wouldn’t inherit otherwise.
Without a Power of Attorney, your partner may be unable to access your bank accounts, pay your bills, or manage your affairs if you’re incapacitated—even if you’ve been together for decades.
Family members who don’t support your relationship may challenge your wishes or exclude your partner after you’re gone. Proper planning creates a legal framework that’s harder to contest.
Essential Documents for LGBTQ+ Individuals and Couples
A comprehensive estate plan should include:
1. Revocable Living Trust. A trust lets you manage assets during your lifetime, designate beneficiaries, and control distribution terms. It also helps avoid probate, keeping your affairs private and your partner protected.
2. Last Will and Testament. A will names who will inherit your property and who will manage your estate. Even with a trust, a “pour-over” will catches any assets that weren’t transferred during your lifetime.
3. Durable Power of Attorney. This authorizes someone you trust to handle financial and legal matters if you’re incapacitated.
4. Health Care Surrogate Designation. This gives your partner or chosen person the legal authority to make medical decisions for you. Don’t leave this to chance. Document it.
5. HIPAA Authorization. This allows your designated loved ones to access your medical records and speak with healthcare providers, essential for coordinating care.
6. Living Will. A living will documents your end-of-life preferences, so your partner isn’t left guessing—or fighting with family members—about what you would have wanted.
7. Beneficiary Designations. Review the beneficiary designations on your retirement accounts, life insurance, and financial accounts. These designations override your will, so keeping them updated is critical.
Special Considerations for LGBTQ+ Families with Children
If you have children, estate planning takes on additional urgency. Your plan should address who will serve as guardian if both parents pass away. This is especially important for families where only one parent has a legal relationship with the child.
A comprehensive plan should also ensure that assets are protected for your children’s benefit, through trusts that control when and how they receive their inheritance, rather than handing an 18-year-old a lump sum.
Protecting Chosen Family
For many in the LGBTQ+ community, “family” isn’t defined by blood. Close friends, mentors, and community members may be the people you trust most. And these are the people you want to make decisions for you, inherit from you, and speak at your memorial.
Without estate planning, these people have no legal standing. Your biological family (even if estranged) would be the ones making decisions and inheriting your assets.
A proper estate plan lets you define your own family. It gives legal authority to the people who matter most to you, regardless of their legal relationship.
Plan with Pride
At The Law Offices of Mark F. Moss, we believe everyone deserves to have their relationships recognized and their wishes honored. We help individuals and families create comprehensive life plans that protect what matters most.
This Pride Month, take the time to secure your future and protect the people you love. Because your family deserves the same legal protections as any other.
Contact us at 904-329-7242 or visit markmosslaw.com to schedule a consultation.
Disclaimer: Reading this blog post does not create an attorney-client relationship and is not legal or tax advice. This is for informational purposes only. It is best to speak with an attorney or tax professional about your specific situation, questions, assets, concerns, and needs.