June is Pride Month, a time to celebrate love, identity, and equality. It’s also a powerful reminder of the importance of securing your future and protecting your loved ones through comprehensive estate planning. While legal strides have advanced LGBTQ+ rights in recent years, unique considerations still remain—making thoughtful planning essential.

Here are some of the most important estate planning issues LGBTQ+ individuals and couples should consider:

1. Clarifying Legal Relationships

Even though same-sex marriage is federally recognized, not all LGBTQ+ couples are married. Estate planning ensures your intentions are honored—regardless of marital status.

• For married couples: Confirm that your spouse is correctly designated in your will, trust, and beneficiary designations.
• For unmarried partners: Without a valid estate plan, your partner may have no legal right to your assets or to make decisions on your behalf. A will, durable power of attorney, and health care proxy are vital.

2. Protecting Chosen Family

Traditional inheritance laws prioritize blood relatives, not chosen family members. Estate planning allows you to:

• Leave assets to close friends, a partner, or supportive non-relatives.
• Exclude estranged or unsupportive family members, if that reflects your wishes.
• Appoint trusted individuals to serve as executors, trustees, or guardians.

3. Healthcare and End-of-Life Decisions

Medical decision-making can become complicated without legal documents—especially if your biological family is unsupportive.

Key documents include:

• Health Care Proxy / Medical Power of Attorney – Allows your chosen person to make medical decisions if you’re incapacitated.
• Living Will – Outlines your preferences regarding life-sustaining treatment.
• HIPAA Authorization – Grants access to your medical records to your partner or chosen family.

4. Parentage and Guardianship

LGBTQ+ parents may face legal hurdles—especially when one partner is not biologically related to the child.

• Confirm legal parentage through adoption or court orders where applicable.
• Appoint guardians for minor children in your will to avoid court disputes or custody battles.
• Establish trusts to manage inheritance for children and protect their future.

5. Tax and Asset Protection Planning

Marriage equality brought estate tax benefits to same-sex spouses, but planning is still critical:

• Use revocable living trusts to avoid probate and maintain privacy.
• Consider joint ownership, beneficiary designations, and pay-on-death accounts to streamline asset transfers.
• For high-net-worth couples, gifting strategies and irrevocable trusts may reduce estate taxes.

6. Updating Legal Documents After Major Life Changes

Whether it’s a marriage, divorce, adoption, transition, or relocation, legal documents must reflect your current situation:

• Update wills, trusts, powers of attorney, and health care directives regularly.
• Ensure all names and gender markers are accurate across legal and financial accounts.

7. Working with LGBTQ+-Friendly Legal Professionals

Find an estate planning attorney who:

• Understands the nuances of LGBTQ+ law.
• Respects and supports your identity and relationships.
• Offers guidance tailored to your unique family structure and goals.

Final Thoughts

Pride is about living openly and authentically. Estate planning is about making sure your legacy reflects that same spirit. Whether you’re safeguarding your partner’s rights, protecting your children, or preserving your privacy, a customized estate plan is a vital act of empowerment.

This Pride Month, take a meaningful step toward peace of mind—for yourself and those you love.

Need Help With Your Estate Plan?
At Bratton Law Group, we proudly support the LGBTQ+ community with compassionate, knowledgeable estate planning services. Contact us today to schedule a consultation and take control of your future.