Estate Planning For LGBT Couples In Orange County, CA.

Every couple deserves peace of mind knowing that their loved one will be protected, no matter what happens. For LGBT couples in particular, the law does not always provide default safeguards, especially for unmarried partners. That’s why LGBT estate planning in Orange County, CA, is so important. In this article, we’ll unpack…

• The unique challenges LGBT couples face when estate planning.
• How unmarried partners can protect one another legally.
• The legal steps you can take to protect your children and your future.

What Unique Estate Planning Challenges Do LGBT Couples Face In California?

The biggest challenge comes down to legal status. Married couples have built-in protections under the law, even if they don’t do their own estate planning. Unmarried couples, however, have almost no default safeguards.

That means if you’re unmarried you need to be proactive (note that those in a registered domestic partnership benefit from California estate planning laws, but not federal laws, so if you’re in a RDP you receive a lot of the same benefits a married couple does but not all of them). Without proper documents in place, the law will not automatically protect your partner the way it would a spouse. In other words, nothing will go the way you want it to unless you plan ahead.

How Can Unmarried LGBT Partners Protect Each Other’s Inheritance Rights Through Estate Planning?

I like to think about protections for unmarried partners in two categories: medical and financial.

Medical

If you’re not married, your partner may not have the legal authority to make medical decisions for you. By default, that role may go to parents or siblings instead. California law prefers the person who best knows your wishes, but without clear documents, this can be contested. The best way to ensure your partner can step in is to sign:

• An Advance Health Care Directive
• A HIPAA authorization and release

These give your partner both access to your medical information and the authority to make decisions on your behalf. This is especially important for out-of-state travel.

Financial

Estate planning tools like powers of attorney and trusts are absolutely vital. They allow your partner to make financial decisions if you’re incapacitated and ensure they’re provided for if you pass away. This is especially important when partners have different incomes or shared living arrangements that could be jeopardized if one partner dies unexpectedly.

Rebecca Sommer, founding attorney of The Law Office of Rebecca Sommer in California, has extensive experience guiding LGBT couples through the unique estate planning challenges they face.

From securing hospital access and medical decision-making rights to protecting inheritance and property interests, she has helped countless clients safeguard their loved ones in situations where the law doesn’t provide automatic protection. Known for her compassionate, detail-oriented approach, Rebecca Sommer ensures every couple’s plan reflects their wishes and stands strong against legal challenges.

Take the first step toward protecting your future and contact Rebecca Sommer today!

Can Family Members Challenge An LGBT Partner’s Right To Inherit In California Probate Court?

Unfortunately, yes. California is a very litigious state, and while no estate plan is 100% challenge-proof, some are much more vulnerable than others.

For unmarried LGBT partners, the risk is particularly high because the default rules of intestate succession do not recognize non-married partners. If you pass away without a plan, your assets will go to blood relatives, not to your partner. Even if those relatives support your relationship, the court is bound to follow the law.

This can create unintended complications. For example, supportive family members might try to “gift” part of the inheritance back to your partner, but that opens the door to gift tax issues and may reduce the amount your partner ultimately receives.

So yes, family members can challenge things, and even if they don’t mean to, the absence of a plan almost guarantees that things will not go the way you intended. The best protection is a clear, comprehensive estate plan that documents your wishes in a way that avoids the necessity of court action or, if court action becomes necessary, embodies wishes the court will honor.

How Can Same-Sex Parents Secure Guardianship And Inheritance Rights For Their Children?

Guardianship is one of the most important steps for any parent of minor children. It can usually be handled with straightforward documentation naming who you want to care for your child if something happens to you. That part is relatively simple.

Inheritance, however, is more complicated. Minor children cannot inherit property outright, so you need to set up a trust for them. Without one, the court will establish a trust, but it may not reflect your wishes. A properly drafted trust ensures your children are provided for in the way you intend.

For same-sex parents, an added complication often arises when only one parent is a biological or adoptive parent. If the other parent has not completed an adoption or otherwise established a legal relationship, the child faces the burden of proving that the deceased parent was a “natural parent” or that equitable adoption rules apply. In those cases, without proactive planning, the child could be left out and, at a minimum, faces an evidentiary burden to prove they should be considered a child of that person.

Fortunately, estate planning can bridge that gap. A trust or will can explicitly name a non-biological parent as someone the child should inherit from or through. I’ve worked with heterosexual and same-sex couples alike where formal adoption wasn’t completed, but estate planning documents ensured the children were still treated as full heirs.

The key? Plan ahead. Guardianship nominations plus carefully structured inheritance documents protect your children, no matter what your family structure looks like.

How Can An Experienced Estate Planning Attorney Help LGBT Couples Create A Legally Secure Estate Plan?

The greatest benefit of working with an estate planning attorney is knowing which documents you need and how to structure them. For LGBT couples, this means:

• Setting up wills, trusts, and powers of attorney that protect your partner regardless of marital status.
• Addressing tax planning concerns, since unmarried couples do not qualify for the unlimited marital deduction.
• Making your plan as challenge-resistant as possible, so family members can’t easily undo your wishes.

An attorney ensures your estate plan is legally valid, customized to your situation, and designed to minimize both legal and financial risks.

How I’ve Helped LGBT Couples Navigate Unique Estate Planning Challenges

I’ve worked with several non-traditional couples, and two challenges often stand out:

Property ownership in a community property state.

If a home is in only one partner’s name, it’s considered separate property. Without planning, the surviving partner may have no rights to the property, creating both inheritance and tax issues.

Medical decision-making.

For many couples, the most important concern is making sure their partner has the legal right to be in the hospital room and make decisions during a medical crisis. Without proper documents, that’s not guaranteed.

For LGBT couples, estate planning provides more than just financial security. It provides invaluable peace of mind that your partner will be recognized and respected when it matters most.

Still Have Questions? Ready To Get Started?

For more information on LGBT estate planning in Orange County, CA, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (657) 210-3722 today.