Why Choose Law Offices of Rozsa Gyene for LGBTQ+ Estate Planning?
Why LGBTQ+ Estate Planning Requires Specialized Expertise
While marriage equality is the law of the land, LGBTQ+ individuals and couples still face unique legal vulnerabilities that general estate planning doesn't address:
Hostile Biological Relatives
Estranged family members may contest your estate or challenge your partner's rights—especially if your relationship wasn't accepted.
Non-Biological Children
Children from donor conception, surrogacy, or previous relationships may not have automatic inheritance rights without explicit planning.
Unmarried Partners
Without marriage, your partner has ZERO automatic inheritance rights. Intestacy laws favor biological relatives—even distant ones—over unmarried partners.
Medical Decision Rights
In a medical emergency, hospitals may defer to biological family without proper documentation naming your partner as decision-maker.
A comprehensive LGBTQ+ estate plan addresses all of these vulnerabilities with legally enforceable documents that courts must honor.
Specialized Planning for LGBTQ+ Families in LA & Santa Barbara
While marriage equality has provided same-sex couples with the same legal rights as opposite-sex couples, LGBTQ+ individuals and families still face unique estate planning challenges. Whether you're married, in a domestic partnership, or unmarried, proper estate planning is essential to protect your loved ones and ensure your wishes are honored.
Whether you reside in West Hollywood, Santa Monica, Silver Lake, or Santa Barbara, proactive planning is the only way to ensure your chosen family is legally protected against challenges from biological relatives. California law has made tremendous progress, but gaps remain—especially for unmarried couples and non-biological parent-child relationships.
Unmarried partners have NO automatic inheritance rights in California. If you're not married and don't have an estate plan, your partner receives nothing when you pass away, and your biological family makes all medical decisions if you become incapacitated - even if they don't accept your relationship. This makes estate planning absolutely critical for unmarried couples.
For same-sex couples with children, protecting non-biological children is paramount. Without proper legal documentation, a non-biological parent may have no legal relationship with their child if the biological parent passes away. We help establish second-parent adoptions when possible, and create trust provisions and guardianship nominations that protect all your children equally.
LGBTQ+ individuals also face a higher risk of estate plan challenges from biological family members who may not accept their relationships or lifestyle. We create iron-clad estate plans using living trusts instead of wills, include strong no-contest clauses, and document your intent clearly to prevent successful challenges. Our goal is to ensure your wishes are honored and your loved ones are protected, regardless of family dynamics.
⚠️ Unmarried Partners: Your Rights Without Planning
If you're in a committed relationship but not legally married, California law provides your partner with:
Automatic Inheritance
Medical Decision Rights
Hospital Visitation Rights
Control Over Remains
Under California's intestacy laws, your entire estate could pass to biological relatives—parents, siblings, even distant cousins—completely bypassing your partner of 20+ years.
The Solution: A living trust, beneficiary designations, and healthcare directives that explicitly name your partner ensure they are legally protected regardless of marital status.
Protecting Non-Biological Children
LGBTQ+ families often include children through donor conception, surrogacy, adoption, or from previous relationships. These children may not have automatic legal relationships with both parents, creating inheritance and custody vulnerabilities.
Inheritance Rights
Without explicit trust provisions, a non-biological child may not inherit automatically. Your trust should name ALL your children specifically, regardless of biological or legal relationship.
Guardianship Nominations
If something happens to the legal parent, who gets custody? We create trust provisions and guardianship nominations that protect all your children equally.
Second-Parent Adoption
For non-biological parents who haven't completed second-parent adoption, estate planning provides a backup layer of protection for your relationship with your children.
Blended Family Planning
Children from previous relationships, stepchildren, and adopted children all have different default legal rights. Your trust can treat them equally—or differently—according to your wishes.
How We Protect LGBTQ+ Families
Partner Protection
Ensure your partner inherits your assets and can make medical decisions for you, especially critical for unmarried couples who have no automatic legal rights.
Non-Biological Children
Protect children through second-parent adoption, trust provisions, guardianship nominations, and beneficiary designations that treat all children equally.
Challenge Prevention
Use living trusts, no-contest clauses, and detailed documentation to prevent biological family members from successfully challenging your estate plan.
Healthcare Directives
Authorize your partner to make medical decisions with healthcare power of attorney, advance directive, and HIPAA authorization so providers share information.
Privacy Protection
Avoid public probate proceedings that could expose your relationship, assets, and family structure to unwanted scrutiny by using living trusts.
Domestic Partnership Planning
Navigate the unique legal landscape of registered domestic partnerships, including rights, limitations, and differences from marriage under California law.
⚖️ Protecting Against Hostile Biological Relatives
Unfortunately, some LGBTQ+ individuals are estranged from biological family members who don't accept their identity or relationship. Without proper planning, these same relatives could:
- Contest your will or trust claiming "undue influence" by your partner
- Challenge your partner's medical decisions during a health crisis
- Exclude your partner from funeral planning and control over your remains
- Claim inheritance rights under intestacy if you die without a will
- Seek custody of your children over your partner
Our Approach: We draft documents with explicit "no-contest" clauses and clear statements of your intentions. We document your wishes thoroughly to make challenges difficult to win. In some cases, we recommend recording a video statement explaining your decisions.
If you anticipate family conflict, tell us during your consultation. We have specific strategies to protect your partner and children from hostile relatives.
Our LGBTQ+ Estate Planning Process
Confidential Consultation
Discuss your relationship, family structure, and unique concerns
Customized Strategy
Create plan addressing partner protection, children, and family challenges
Document Preparation
Draft comprehensive trusts, healthcare directives, and protective provisions
Implementation
Execute documents, fund trusts, and ensure all protections are in place
Essential Documents for LGBTQ+ Couples
A comprehensive LGBTQ+ estate plan includes these critical documents:
Revocable Living Trust
Names your partner and children as beneficiaries, avoids probate, and provides clear instructions that courts must follow.
Advance Healthcare Directive
Names your partner as your healthcare agent with authority to make medical decisions. CRITICAL for hospital access and end-of-life choices.
Durable Power of Attorney
Gives your partner authority to manage finances if you become incapacitated. Without this, they may need court approval to access your accounts.
Guardianship Nomination
Names your partner (or another person) as guardian for your children if something happens to you. Essential for non-biological parents.
Package Pricing: Our Living Trust Package ($575-$795) includes ALL of these documents—trust, healthcare directive, power of attorney, and guardianship nomination.
Frequently Asked Questions
Serving LGBTQ+ Communities Across Southern California
We provide LGBTQ+ estate planning services throughout Los Angeles and Santa Barbara Counties, with particular expertise serving:
Los Angeles County LGBTQ+ Communities:
West Hollywood, Silver Lake, Echo Park, Los Feliz, Downtown LA, Santa Monica, Long Beach, Pasadena, Glendale, Burbank, North Hollywood
Santa Barbara County:
Santa Barbara, Montecito, Goleta, Carpinteria
Other Service Areas:
Palm Springs, Cathedral City, and surrounding Coachella Valley communities
Related Services: Living Trusts | Power of Attorney | Guardianship | Trust Administration
A Welcoming, Judgment-Free Practice
Our firm proudly serves LGBTQ+ individuals, couples, and families. We understand the unique legal challenges you face and provide knowledgeable, compassionate guidance. Your family structure is valid, and we're here to protect it.
Protect Your Family Today
Don't leave your loved ones vulnerable. Create a comprehensive estate plan that honors your wishes.
Schedule ConsultationSpeak with an LGBTQ+ Estate Planning Attorney:
(818) 291-6217