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Estate Planning as a Shield: Protecting LGBTQ+ Families in Uncertain Times

Estate Planning as a Shield: Protecting LGBTQ+ Families in Uncertain Times

POSTED ON: May 23, 2025

The political landscape can shift quickly—and with it, the legal protections many families rely on. For LGBTQ+ individuals and families, the possibility of a second Trump administration brings heightened concerns about the future of civil rights, family recognition, and access to healthcare. Estate planning becomes more than a financial strategy in this context. It’s a […]

The political landscape can shift quickly—and with it, the legal protections many families rely on. For LGBTQ+ individuals and families, the possibility of a second Trump administration brings heightened concerns about the future of civil rights, family recognition, and access to healthcare.

Estate planning becomes more than a financial strategy in this context. It’s a form of security, resistance, and empowerment.

Why Estate Planning Matters More Now Than Ever

Even with nationwide marriage equality, LGBTQ+ families still face unique legal gaps—especially around parental rights, medical decision-making, and inheritance. In a time when some political leaders advocate rolling back protections, having strong legal documents in place can help ensure your family’s rights are respected regardless of who’s in power.

Strengthening Parental Rights

For many LGBTQ+ families, one parent may not be biologically related to the child—or adoption laws may create barriers. In these cases, it's crucial to take legal steps to affirm parental relationships:

  • Second-parent adoption (where available) provides full legal rights to a non-biological parent.
  • Guardianship nominations in a will help guide courts to honor your wishes for your child’s care.
  • Wills and letters of intent can outline your family’s structure and make it harder for outside parties to challenge your decisions.

These tools help prevent painful custody battles or court decisions that ignore your chosen family’s reality.

Planning for Financial Control and Inheritance

Without proper documents, your assets may not go to the person you intend. Many state laws still prioritize biological relatives, which could leave your partner or chosen family members with no legal claim.

Protect your financial future with:

  • Wills and living trusts to specify asset distribution.
  • Durable powers of attorney to grant financial control in emergencies.
  • Joint ownership and beneficiary designations to ensure your partner has access to what they need.

Trusts are especially useful for keeping things private and avoiding probate delays. They also allow you to include loved ones who may not be legally related but are essential to your life.

Medical Decisions and Healthcare Rights

During emergencies, having the right legal documents can be the difference between being at your partner’s bedside or being shut out entirely.

  • Advance healthcare directives, such as a healthcare proxy and living will, ensure your partner or trusted person has the authority to make medical decisions for you.
  • These documents not only clarify your wishes but serve as powerful evidence of your relationship and intent—especially important in hostile or discriminatory environments.

Supporting Chosen Families

Many LGBTQ+ individuals form deep, lifelong bonds outside of traditional family structures. Without legal documentation, these chosen families may be completely unrecognized in the eyes of the law.

Estate planning allows you to:

  • Name chosen family members in your will or trust.
  • Grant them power of attorney or healthcare authority.
  • Ensure they are protected, valued, and able to support you in the ways they already do.

Estate Planning Is Empowerment

In a time of political unpredictability, creating a comprehensive estate plan is a powerful act of self-determination. It lets you define your family, assert your values, and protect your loved ones—regardless of changes in leadership or public policy.

We’re Here to Help You Build Your Shield

At The Werner Law Firm, our knowledgeable estate planning attorneys believe every family deserves legal protection—no matter what it looks like. We’re proud to support LGBTQ+ clients in creating estate plans that reflect their lives, values, and future goals.

If you have any questions, schedule a free appointment with us through our online appointment page.

You can also read reviews from some of the hundreds of clients we have helped over the years.

Reference: Barron’s (March 26, 2025) "Wealthspire’s Steve Branton: Advice for LGBTQ+ Clients Worried About Changes Under Trump 2.0"

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If you’re looking into taking care of your estate planning, we urge you to schedule a free initial appointment today and join the many satisfied clients who have contacted Werner Law Firm.

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