Why Estate Planning is Important to LGBTQ+ Families?
In the landmark 2015 Obergefell v. Hodges decision, the U.S. Supreme Court legalized same-sex marriage nationwide, granting LGBTQ+ couples equal marriage rights. While this ruling was a major victory, significant legal challenges remain for the LGBTQ+ community.
Discrimination can still impact LGBTQ+ families when it comes to inheritance, guardianship, and other critical aspects of securing their future. Comprehensive estate planning is essential for protecting the rights of LGBTQ+ individuals and families, safeguarding their assets, ensuring healthcare decisions are honored, and preventing potential legal disputes. Additionally, depending on where they live, LGBTQ+ families may face discrimination in housing, employment, and healthcare, with some states maintaining legal loopholes that allow for unequal treatment—particularly affecting transgender individuals and families raising children.
Challenges LGBTQ+ Families Face
LGBTQ+ families continue to face several legal and social challenges despite advances in equality, such as the 2015 Obergefell v. Hodges decision. Key challenges include:
Parental Rights: LGBTQ+ couples, especially those in non-traditional families, can face legal hurdles in securing full parental rights. In cases of adoption or surrogacy, non-biological parents may need additional legal protections to ensure guardianship or parental status.
Estate Planning and Inheritance: Without a comprehensive estate plan, LGBTQ+ individuals and families may face legal battles over inheritance. In the absence of a clear will or trust, family members may challenge a surviving partner’s rights to assets, which can lead to costly legal disputes.
Healthcare Decisions: LGBTQ+ partners, especially those in non-married relationships, may not automatically have the right to make medical decisions for each other. Legal documents such as healthcare proxies and powers of attorney are necessary to ensure that partners can make decisions in emergencies.
Adoption and Custody: In some areas, LGBTQ+ couples face difficulties when adopting or maintaining custody of children, particularly if they are not legally recognized as both parents. This can cause issues during divorce or separation, where custody battles may arise.
What's Included
Ensures that assets are smoothly transferred to a partner or chosen family members. This is especially crucial for LGBTQ+ families, where non-traditional family structures may face challenges in inheritance.
LGBTQ+ individuals can designate their partner or another trusted person to make medical decisions in case of incapacity. Without these documents, biological family members might automatically be granted this role, potentially excluding partners or chosen family members from decision-making.
Assign a trusted person to manage financial matters if incapacitated. This ensures that the partner or spouse has the legal authority to handle critical financial decisions.
Allows healthcare providers to share medical information with a designated partner, avoiding situations where medical records are withheld from non-biological family members.
For LGBTQ+ families with children, especially when one parent is not biologically related, it is essential to appoint a legal guardian to avoid custody disputes. This helps ensure that the partner or spouse maintains custody of the children in case of the biological parent’s death or incapacity.
For couples using surrogacy or adoption, legal agreements that outline the roles and responsibilities of each parent, including non-biological parents, are crucial to protect parental rights.