October is LGBTQIA+ History Month - a time to reflect on the struggles, resilience, and triumphs of those who paved the way for equality. It’s a month to honor the past while taking steps to protect the future. One of the most powerful ways to do that is by ensuring you have a Life & Legacy Plan that secures your rights, your wishes, and the well-being of the people you love most.

In this article, you’ll learn why LGBTQIA+ History Month is more than remembrance; it’s a call to action. You’ll discover the legal vulnerabilities LGBTQIA+ individuals and families still face, why traditional estate planning often fails, and how a Life & Legacy Plan can give you peace of mind knowing your chosen family is protected.

Why LGBTQIA+ History Month Matters for Planning

LGBTQIA+ History Month reminds us that the freedoms many enjoy today were hard-won. Only in 2015 did marriage equality become the law of the land through Obergefell v. Hodges. Before that, LGBTQIA+ couples often faced heartbreaking legal battles when one partner became ill or died. Partners were denied access to hospital rooms, excluded from making medical decisions, or cut off from inheritances.

Even now, challenges remain. Estranged biological relatives sometimes override the wishes of LGBTQIA+ individuals when no legal documents or enforceable plans exist. In fact, a 2022 YouGov survey found that 49% of gay men and 55% of lesbian women report estrangement from at least one immediate family member, compared to just 27% of heterosexual adults. Without proper planning, those strained relatives could end up with control over healthcare decisions, finances, or even custody of children.

There’s also a new legal threat. Earlier this year, a case was filed with the Supreme Court asking the justices to revisit, and potentially overturn, Obergefell. With the current Court’s conservative majority, there is no guarantee that marriage equality will remain protected. If the ruling were overturned, LGBTQIA+ couples could once again find their marriages unrecognized in many states. That would jeopardize spousal rights to inheritance, hospital visitation, healthcare decision-making, and even parental rights.

This combination of family estrangement and legal uncertainty makes one thing clear: protecting your chosen family isn’t just an option, it’s essential. LGBTQIA+ History Month calls us not only to remember those who fought for rights, but to use the legal tools available now to protect our families in a world that still poses risks.

Why Traditional Estate Planning Often Fails LGBTQIA+ Families

You might think a simple will, online template, or even documents drafted by your financial advisor is enough to safeguard your wishes, but the truth is that documents-based plans often fall short, especially for LGBTQIA+ families.

For example, a will might leave your assets to your partner, but since wills must go through probate court, you’re inviting conflict among your partner and family members who may challenge your wishes. A healthcare power of attorney might name your partner to make medical decisions, but if the document isn’t reviewed on a regular basis and updated over time, a hospital could turn to your biological family instead.

Real-life stories make the danger plain. A colleague shared the story of a same-sex couple who had lived together for nearly a decade and faced tragedy when one partner suffered a brain injury. Because they had no legal plan in place, the injured partner’s estranged sister barred his partner from the hospital and took control of his finances, draining resources and causing irreparable harm. Only after years of legal battles did his partner regain rights—but by then, much of the damage had been done.

Unfortunately, situations like this are not unique. Too often, LGBTQIA+ individuals trust that “common sense” or the strength of their relationships will be enough to ensure their wishes are followed. But the law does not always operate on common sense - it operates on written documents, beneficiary designations, and court procedures. When these are missing or incomplete, the law defaults to blood relatives, regardless of your relationships or values.

Worse, the traditional way estate planning is done is by taking a documents-only approach, drafting papers and sending you home with no follow up, and no ongoing relationship. If you rely on the documents alone, your plan will most likely fail. This is because laws change, assets change, and family dynamics evolve, but documents stay frozen in time. Documents-only planning gives you a false sense of security, and when the time comes, it often fails the very people you wanted to protect.

Our Life & Legacy Planning® process is different. Life & Legacy Planning is not just about documents. It's about building a relationship with me as your Personal Family Lawyer®.  We will ensure your plan actually works when your loved ones need it most - and be there for them if you become incapacitated and after you die so they know exactly what to do and how to do it. This gives them space to grieve instead of needing to clean up the mess a failed plan creates.

How Life & Legacy Planning Protects Your Chosen Family

Life & Legacy Planning is estate planning done right. It goes beyond documents to provide true peace of mind. Here’s how it protects LGBTQIA+ families in ways traditional planning cannot:

Protection for Your Chosen Family: Whether your loved ones are a spouse, partner, friends, or community, your Life & Legacy Plan ensures the people you choose, not the state, and not estranged relatives, will care for you and inherit from you.

Healthcare Advocacy: Your Life & Legacy Plan will empower the person you want to make medical decisions, so no one can block your partner or trusted loved one from being at your bedside.

Security for Your Children: Our Kids Protection Plan® - a part of all our Life & Legacy plans for parents of minor children - will ensure your children are cared for by the people you trust most, avoiding court battles that could result in them being raised by people you’d never want to raise them.

Financial Safeguards: Life & Legacy Planning addresses not only assets you own but how they are titled, ensuring your loved ones can access them without costly delays or conflict.

Ongoing Updates: A Life & Legacy Plan isn’t static. It evolves with your life, your family, and the law, ensuring that your plan works when it’s needed.

Beyond the legal protections, Life & Legacy Planning allows you to pass on more than money. It ensures your values, traditions, and even your personal stories are preserved for future generations. You’ll even record a Life & Legacy Interview so your loved ones always hear your voice, sharing with them the lessons and experiences that shaped you. These elements are especially meaningful in LGBTQIA+ families, where stories of resilience, courage, and love carry powerful weight for future generations.

When you create a Life & Legacy Plan with me, you’re not just protecting assets - you’re protecting love, identity, and dignity. That’s the kind of planning that honors the spirit of LGBTQIA+ History Month: resilience, empowerment, and justice for the people who matter most.

Protect Your Loved Ones Today

This LGBTQIA+ History Month, I invite you to take action that honors both your history and your future. A Life & Legacy Plan ensures that your rights are respected, your wishes are honored, and your chosen family is cared for—no matter what. 

And it all begins with a Life & Legacy Planning Session®. During this two-hour working session, you’ll:

• Get clear on what would happen to your assets and loved ones if something happened to you today.
• Create a complete inventory of everything you own, so nothing is ever lost or overlooked.
• Explore your family dynamics, values, and goals to design a plan that reflects what matters most to you.
• Pick the right plan that fits your values, goals, and budget.

Once you’ve chosen the right plan for you, we will create a plan that works when your loved ones need it most. Let’s work together to protect everything and everyone you love.