Law Offices of Juliet Cohen, P.C.

Elder Law, Trusts and Estates, Probate & Administration

Planning for Non-Binary and LGBTQ+ Individuals in Estate Planning

Estate Planning, GPOA, Trust, Will / by

LGBTQ+ estate planning

Estate planning ensures that your wishes are honored and that your loved ones are protected after your passing. For non-binary and LGBTQ+ individuals, this process is especially important, as traditional legal systems and societal norms may not always reflect or support their relationships, identities, or families. Tailoring an estate plan to address these unique needs can prevent complications, protect loved ones, and safeguard personal identity.

Challenges Faced by Non-Binary and LGBTQ+ Individuals in Estate Planning

While estate planning is vital for everyone, non-binary and LGBTQ+ individuals often face additional challenges:

  1. Unrecognized Relationships
    Not all jurisdictions recognize same-sex relationships, non-binary identities, or chosen families. Without proper legal documentation, partners or chosen family members may be excluded from inheritance or decision-making roles.
  2. Outdated Laws and Gender Norms
    Legal documents may still rely on binary gender markers and traditional assumptions about family structures, creating unnecessary obstacles.
  3. Family Disputes and Exclusions
    In some cases, biological family members may contest wills or other documents, especially if they disapprove of the individual’s identity or relationships.
  4. Healthcare Discrimination
    Without clear directives, LGBTQ+ individuals may face discrimination or have their wishes ignored in medical decisions.

Key Steps in Estate Planning for Non-Binary and LGBTQ+ Individuals

To address these challenges, comprehensive estate planning is essential. Below are the key elements to consider.

1. Establishing a Will

A will is a foundational document that specifies how your assets will be distributed after your death. It allows you to:

  • Name your beneficiaries, ensuring partners, chosen family, or friends receive your assets.
  • Designate an executor who respects and understands your identity and relationships.
  • Prevent disputes by clearly outlining your wishes.

2. Using Trusts for Added Protection

Trusts provide privacy, reduce probate complications, and offer more control over asset distribution. LGBTQ+ individuals can use trusts to:

  • Ensure ongoing financial support for a partner or loved ones.
  • Avoid public scrutiny of their estate and relationships during probate.
  • Protect assets from being contested by estranged family members.

3. Healthcare Directives and Powers of Attorney

Advance healthcare directives and durable powers of attorney allow you to appoint individuals who will make decisions on your behalf if you are incapacitated. For non-binary and LGBTQ+ individuals, these documents:

  • Ensure that medical providers follow your preferences, including gender-affirming care.
  • Prevent estranged or disapproving family members from overriding your partner’s or chosen advocate’s authority.
  • Allow you to explicitly name individuals you trust to act in your best interest.

4. Updating Beneficiary Designations

Many financial accounts, retirement plans, and life insurance policies allow you to name beneficiaries directly. These designations override your will, so it’s crucial to:

  • Review and update them to reflect your current relationships and wishes.
  • Avoid relying on default options, which may benefit biological family members by default.

5. Addressing Identity and Legacy

Non-binary and LGBTQ+ individuals may want their estate plans to reflect their identity and values:

  • Include instructions for how you wish to be remembered in obituaries, memorials, or headstones.
  • Ensure that trusted individuals manage your digital assets, such as social media accounts, to maintain your legacy.

Common Mistakes to Avoid

1. Failing to Update Documents

Life changes, such as marriage, adoption, or the end of a relationship, require updating estate planning documents. Neglecting to do so can lead to outdated instructions that no longer align with your wishes.

2. Not Consulting an Inclusive Attorney

Working with an attorney who is knowledgeable about LGBTQ+ and non-binary issues is essential. They can help navigate legal complexities and ensure your plan is comprehensive and inclusive.

3. Overlooking Chosen Family

Many non-binary and LGBTQ+ individuals rely on chosen family for support. Ensure your estate plan reflects these relationships by naming them as beneficiaries or decision-makers.

4. Ignoring State Laws

State laws vary widely in recognizing non-traditional relationships and identities. An attorney familiar with local laws can help craft a plan that avoids legal pitfalls.

The Importance of Proactive Planning

Proactive estate planning allows non-binary and LGBTQ+ individuals to assert control over their assets, healthcare decisions, and legacy. It ensures that their identity and relationships are honored, while also preventing legal disputes and reducing stress for loved ones.

Estate planning is more than a legal necessity—it’s a way to affirm and protect the unique relationships and identities that define your life.

Speak to an Attorney

Contact the Law Offices of Juliet Cohen, P.C. for advice on estate planning. Our experienced attorneys can help you develop a personalized plan that safeguards your assets and provides for your family’s future.

Juliet Cohen
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