LGBTQ+ Estate Planning

My office offers specially tailored estate plans for LGBTQ+ people of all types. I am very open-minded and understanding, and everything discussed is confidential. LGBTQ+ estate planning is similar to planning done by all prepared individuals who want to protect their legacy and provide for their loved ones. However, the process can be quite unique in the variety of specific issues faced by LGBTQ+ people.


A good LGBTQ+ estate planning attorney needs to understand both the general practice of estate planning and must have intimate knowledge of the specific legal issues faced by LGBTQ+ people. Furthermore, a good LGBTQ+ estate planning attorney should be understanding and open-minded.


The specific process of estate planning will be different for each client, but issues that may come up for LGBTQ+ individuals include:

  • Appointment of a Guardian for a Minor Child. It can be important to name a guardian as a protection when there are adopted or non-biological children in a family. Utilizing proper planning, you can protect your children and ensure that their care is undertaken by those you love and trust.
  • Funeral Planning. If an individual anticipates non-supportive or adversarial family members, estate plans can be utilized to ensure things like the proper gender identity markers are used on headstones, and in memorials or obituaries. Utilizing a proper plan, you can ensure that your memory and wishes remain respected.
  • Incapacity Planning. Using estate planning, you can appoint who will make important healthcare decisions for you and for how your assets will be managed if you cannot speak for your own interests or manage or your own affairs. With proper planning, you can ensure that your interests are represented by people you trust.
  • Estate Planning. Through estate planning you can decide which people, and which causes deserve your money. If you have unmarried partners, you can use an estate plan to protect joint financial assets and facilitate transfers of property.
  • Alignment of Identity. In instances where people have transitioned, but they had previous estate documents, those documents may be subjected to unnecessary litigation. If estate documents list an incorrect name or gender marker, then hostile family members can challenge the documents on their validity. This could potentially drag out the probate process. With proper planning, an estate plan can make provisions to ensure that your identity is honored exactly as you wish.


These are just a few of the possible issues that estate planning can address. While working with you, we will discuss your plans, goals, life situation, and your wishes regarding end-of-life decisions and who deserves your assets. Using what we discussed, we will tailor your estate plan to fit your wants and needs.

For further questions, schedule a consultation at Francisco@CalderonTrusts.com.

Updated October 6, 2026