Why Choose Law Offices of Rozsa Gyene for LGBTQ+ Estate Planning?

5000+ Families
Served
Since 2001
California State Bar
#208356
Licensed & Verified
A+ Rated
Better Business Bureau
Trusted Excellence
25+ Years
Experience
Estate Planning Experts
100% Confidential
Attorney-Client Privilege
Your Privacy Protected

Why LGBTQ+ Individuals Need Specialized Estate Planning

While marriage equality has provided same-sex couples with the same legal rights as opposite-sex couples, LGBTQ+ individuals and families still face unique estate planning challenges. Whether you're married, in a domestic partnership, or unmarried, proper estate planning is essential to protect your loved ones and ensure your wishes are honored.

Unmarried partners have NO automatic inheritance rights in California. If you're not married and don't have an estate plan, your partner receives nothing when you pass away, and your biological family makes all medical decisions if you become incapacitated - even if they don't accept your relationship. This makes estate planning absolutely critical for unmarried couples.

For same-sex couples with children, protecting non-biological children is paramount. Without proper legal documentation, a non-biological parent may have no legal relationship with their child if the biological parent passes away. We help establish second-parent adoptions when possible, and create trust provisions and guardianship nominations that protect all your children equally.

LGBTQ+ individuals also face a higher risk of estate plan challenges from biological family members who may not accept their relationships or lifestyle. We create iron-clad estate plans using living trusts instead of wills, include strong no-contest clauses, and document your intent clearly to prevent successful challenges. Our goal is to ensure your wishes are honored and your loved ones are protected, regardless of family dynamics.

How We Protect LGBTQ+ Families

Partner Protection

Ensure your partner inherits your assets and can make medical decisions for you, especially critical for unmarried couples who have no automatic legal rights.

Non-Biological Children

Protect children through second-parent adoption, trust provisions, guardianship nominations, and beneficiary designations that treat all children equally.

Challenge Prevention

Use living trusts, no-contest clauses, and detailed documentation to prevent biological family members from successfully challenging your estate plan.

Healthcare Directives

Authorize your partner to make medical decisions with healthcare power of attorney, advance directive, and HIPAA authorization so providers share information.

Privacy Protection

Avoid public probate proceedings that could expose your relationship, assets, and family structure to unwanted scrutiny by using living trusts.

Domestic Partnership Planning

Navigate the unique legal landscape of registered domestic partnerships, including rights, limitations, and differences from marriage under California law.

Our LGBTQ+ Estate Planning Process

1

Confidential Consultation

Discuss your relationship, family structure, and unique concerns

2

Customized Strategy

Create plan addressing partner protection, children, and family challenges

3

Document Preparation

Draft comprehensive trusts, healthcare directives, and protective provisions

4

Implementation

Execute documents, fund trusts, and ensure all protections are in place

Frequently Asked Questions

Do same-sex married couples have the same estate planning rights as opposite-sex couples?
Yes. Since the 2015 Obergefell v. Hodges Supreme Court decision, same-sex married couples have the same federal and state estate planning rights as opposite-sex couples. This includes unlimited marital deduction for estate taxes, automatic spousal inheritance rights under intestacy laws, and joint property ownership rights. However, proper documentation is still essential to ensure your specific wishes are honored.
How can I protect my non-biological children in my estate plan?
For non-biological children, the strongest protection is completing a second-parent or stepparent adoption, which provides full legal parent-child relationship. If adoption isn't possible, use clear trust provisions naming children as beneficiaries, appoint guardians in your will, update beneficiary designations on all life insurance and retirement accounts, and ensure both partners have healthcare decision-making authority for children documented.
What happens if my biological family contests my estate plan?
A properly drafted estate plan can significantly reduce the risk of successful challenges. We use living trusts instead of wills to avoid probate (trusts are harder to challenge), include strong no-contest clauses that disinherit anyone who challenges the plan, document your mental capacity at signing, include detailed statements explaining your intentions, and structure provisions to withstand scrutiny.
Should domestic partners create estate plans even if we're not married?
Absolutely. Estate planning is even MORE critical for unmarried partners than married couples. Unmarried partners have NO automatic inheritance rights in California - your partner receives nothing if you pass away without an estate plan, and your biological family makes all medical decisions if you're incapacitated. You must create documents that specifically give your partner these rights.
What documents should LGBTQ+ individuals prioritize in their estate plan?
Critical documents include: a living trust to avoid probate and maintain privacy; healthcare power of attorney and advance healthcare directive ensuring your partner makes medical decisions; financial power of attorney allowing your partner to manage finances if you're incapacitated; HIPAA authorization so medical providers can share information with your partner; and a will with guardian nominations if you have children.

Protect Your Family Today

Don't leave your loved ones vulnerable. Create a comprehensive estate plan that honors your wishes.

Schedule Consultation

Speak with an LGBTQ+ Estate Planning Attorney:

(818) 291-6217