Estate planning gives you a voice. It allows you to decide how your assets are handled, who can make decisions for you, and who will care for the people you love. For members of the LGBTQ+ community, this kind of planning is especially important.
While legal rights for same-sex couples and transgender individuals have expanded over the years, many families still face challenges that others may never have to think about. At OC Wills & Trust Attorneys, we help you create a plan that reflects your wishes and supports the people who matter most.
Why Estate Planning Matters for LGBTQ+ Individuals and Couples
If you don’t have an estate plan, California’s default laws decide what happens to your property, and those rules often favor biological relatives. That might work for some people, but it may leave out a partner you’re not married to, a friend who’s like family, or even a child you raised but didn’t legally adopt.
Even for married LGBTQ+ couples, issues can arise if there are mismatches in legal documents, such as outdated names or gender markers. And without proper planning, your spouse or partner might have to fight for the right to make medical decisions or access your accounts.
Estate planning allows you to take control. You get to choose who receives your assets, who manages your affairs, and who speaks for you if you’re ever unable to speak for yourself.
Key Documents Every LGBTQ+ Estate Plan Should Include
A good estate plan is more than just a will. Here are some of the most important tools we recommend:
- Will – Names the people or organizations who will inherit your assets and appoints someone to carry out your instructions.
- Living Trust – Helps avoid probate and allows someone you trust to manage your property if you’re unable to do so.
- Advance Health Care Directive – Lets you name someone to make medical decisions on your behalf if you can’t speak for yourself.
- HIPAA Authorization – Grants loved ones access to your medical information when needed.
- Durable Power of Attorney – Allows someone to manage your financial and legal matters if you become incapacitated.
These documents give you the power to protect your relationships, your privacy, and your future.
Planning for Children and Parental Rights
Many LGBTQ+ families include children who are not legally tied to both parents. Without a legal relationship in place, a surviving non-biological or non-adoptive parent may not have automatic custody rights.
An estate plan can help fill in those gaps. You can:
- Name a guardian for your minor child in your will
- Set up a trust to manage money or property for your child
- Use your plan to clarify your role as a parent and your intent to provide for your child
Whether you’re co-parenting, fostering, or raising a child in a blended family, thoughtful planning can help make sure your child is cared for by the right people.
Supporting Your Chosen Family and LGBTQ+ Community
Not everyone wants their assets to go to blood relatives. You may have a chosen family—friends, neighbors, or a partner who’s not legally recognized—who you want to support.
Through estate planning, you can make sure those people are included. You can also name trusted individuals to make decisions for you or leave a portion of your estate to charities or causes that mean something to you.
We’ll help you create a plan that honors the connections you’ve built and the values you hold.
How We Can Help You Build a Personalized Plan
At OC Wills & Trust Attorneys, we’ve worked with many individuals and couples in the LGBTQ+ community. We understand that every family is unique and that your priorities may not match what California’s laws assume.
We take the time to understand your goals. Whether you want to protect your partner, provide for your children, or support a cause, we’ll help you put those wishes into writing. Our team fosters a welcoming and respectful environment where you can ask questions and make informed decisions.
Contact Our Experienced Orange County LGBTQ+ Estate Planning Attorneys
You’ve worked hard to build your life. The right estate plan helps protect it. At OC Wills & Trust Attorneys, we’re here to make the process straightforward and meaningful.
Call us today to schedule a consultation. We’ll walk you through your options, answer your questions, and help you create a plan that reflects who you are and what matters most.
With offices in Irvine, Huntington Beach, and Anaheim, OC Wills & Trust Attorneys also serves clients throughout Southern California, including Mission Viejo, Huntington Beach, Costa Mesa, Seal Beach, Long Beach, Fountain Valley, Newport Beach, and the greater Orange County area.
