As an estate planning attorney specializing in LGBTQ+ family legal needs, I’ve seen firsthand the critical importance of comprehensive estate planning for same-sex couples and non-married partners. Many couples mistakenly believe that legal marriage or long-term commitment automatically protects their interests in California. The reality is far more complex.
Each state provides a default estate plan that may not reflect your unique relationship and your wishes. Without a carefully crafted estate plan, your partner could face significant legal challenges:
-Medical Decision-Making Barriers – Without specific legal documentation, hospitals may prevent your partner from making critical healthcare decisions or even visiting you during medical emergencies.
-Inheritance Complications – State intestate succession laws typically prioritize blood relatives, potentially leaving your partner legally and financially vulnerable if you pass away without a comprehensive will or trust.
-Property Rights at Risk – A home solely in your name could be lost to biological family members, potentially leaving your long-term partner without housing or legal recourse.
A strategic estate plan is your most powerful tool for safeguarding your relationship and assets. Key documents include:
-Revocable Living Trust – Ensures asset transfer to your partner without probate complications
-Comprehensive Last Will – Clearly specifies inheritance and guardianship preferences
-Durable Power of Attorney – Grants your partner financial decision-making authority
-Advance Healthcare Directive – Legally empowers your partner to make medical decisions
-Beneficiary Designations – Confirms your partner as the designated recipient for financial accounts
A client came to me after their close friend passed away unexpectedly. The deceased had shared a home with their long-term partner, but because the house was only in the deceased partner’s name and there was no will or trust in place, the surviving partner had no legal right to stay. The deceased’s estranged family members claimed the property, forcing the partner to move out of the home they had built together.
This heartbreaking situation could have been avoided with a simple estate plan. By placing the home in a trust and designating the surviving partner as the beneficiary, they would have ensured their loved one was protected from legal battles and uncertainty.
Estate planning is essential to protect you and your partner—it’s about securing your relationship, protecting your shared future, and ensuring your wishes are honored. Whether married, in a long-term partnership, or just beginning your journey together, proactive legal planning is essential.
I’ve dedicated my practice to helping LGBTQ+ couples in Palm Springs and throughout California navigate these complex legal landscapes. Let’s work together to create a comprehensive plan that reflects your unique relationship and protects your future and your partner’s future.
Email us at [email protected] or call (760) 673-7600 to schedule a consultation and take the first step in securing your family’s future.