Protecting LGBTQ+ Families through Estate Planning During Trump’s Second Term

Changes in political leadership often bring legal uncertainty, particularly for historically marginalized communities. For LGBTQ+ families, a second term under President Donald Trump raises renewed concerns about civil rights, healthcare access and legal recognition of family relationships.

Estate planning provides a vital layer of protection. It ensures that your family’s rights and intentions are honored, even if political tides shift. While federal law may evolve, a strong estate plan offers security and clarity that can stand up in court.

Legal Vulnerabilities Facing LGBTQ+ Families

LGBTQ+ families often face unique legal challenges that traditional married couples may not. This includes issues of parental rights in non-biological relationships, ownership of jointly acquired assets and healthcare decision-making authority.

While the 2015 Supreme Court decision in Obergefell v. Hodges granted nationwide marriage equality, not all states have consistently supported equal treatment in related areas.  Political figures have also increasingly voiced support for rolling back LGBTQ+ protections—especially in education, healthcare and adoption.

Estate planning allows families to secure their rights through enforceable legal documents, regardless of outside pressures.

Securing Parental Rights

In families where only one parent is biologically related to the child, or where adoption laws are unevenly applied, parental rights must be established clearly. A second-parent adoption, if available, is a key step.

Beyond that, a nomination of guardian document can ensure that a surviving non-biological parent continues to care for their child if the other parent dies. This nomination, while not legally binding on its own, strongly influences a court's decision.

Wills should also name a preferred guardian and include provisions that explain the family's structure and intent. Being proactive reduces the risk of custody disputes or interference by extended family members.

Financial Planning for Long-Term Stability

Married or not, LGBTQ+ partners need to take deliberate steps to define their financial relationships. This includes drafting wills and trusts that specify asset distribution, especially if state intestacy laws may favor biological relatives over a surviving partner.

Joint ownership, beneficiary designations and durable powers of attorney allow couples to maintain control over their finances. Without these documents, a court may appoint someone outside the relationship to manage funds during illness or incapacity.

Trusts are especially helpful for ensuring privacy and minimizing court involvement. They can be designed to support surviving partners, children, or chosen family, without relying on default inheritance laws.

Protecting Medical Decision-Making Authority

Without legal documentation, hospitals and medical providers may refuse to recognize a same-sex partner’s right to make healthcare decisions. Advance directives—including a healthcare proxy and living will—ensure that a trusted person is empowered to act if needed.

These documents also serve as a signal to medical providers that your relationship is valid and supported by law. During politically tense periods, they offer a critical safeguard against discrimination or exclusion during medical emergencies.

Planning for Unmarried Couples and Chosen Families

Not every LGBTQ+ family structure fits within traditional definitions of marriage or parenthood. Many individuals rely on close friends or chosen family for care, support and companionship.

In these cases, estate planning is even more essential. Without a legal framework, these important people may have no legal standing to make decisions, inherit assets, or provide care. Naming them in your will, trust, power of attorney and healthcare documents gives them a recognized role.

Estate Planning as Resistance and Empowerment

For many LGBTQ+ individuals, estate planning is more than a financial exercise—it’s a form of protection and resistance. It provides control, clarity and continuity in a world that sometimes fails to acknowledge the legitimacy of their relationships.

In times of political change or uncertainty, a comprehensive estate plan becomes an anchor. It communicates your wishes and ensures that they are respected, regardless of public policy shifts.

If you’re concerned about how national or state changes may affect your family’s future, now is the time to act.

Key Takeaways

• Estate planning protects LGBTQ+ families from legal uncertainty: Proactive planning ensures that your wishes are honored regardless of political changes.
• Parental rights must be legally documented: Second-parent adoption, guardianship nominations and wills help secure family structures.
• Advance directives protect medical authority: Healthcare proxies and living wills ensure that your partner can advocate for your care.
• Trusts and powers of attorney offer financial security: These tools empower your partner or chosen family to manage finances during illness or death.
• Planning affirms and defends your relationships: Legal documents give the chosen family legal standing and reduce the risk of discrimination.

At The Werner Law Firm, we believe that every family—regardless of how it’s defined—deserves legal protection, dignity, and peace of mind. Estate planning offers LGBTQ+ individuals and families the tools to assert their rights and secure their future, especially during uncertain political times. Our probate attorneys in Los Angeles are here to help you create a plan that affirms your values and shields those you love.

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"