As we recognize Pride Month this June, it’s a timely moment to discuss the estate planning and litigation concerns that continue to affect LGBTQ+ individuals and couples. While the legalization of same-sex marriage marked a major step forward, it didn’t erase the risks that arise when estate plans are unclear, outdated, or contested. For LGBTQ+ individuals, thoughtful estate planning is a critical step in protecting loved ones, preserving dignity, and avoiding legal conflict.
One major concern is the risk of exclusion. Without a clear will or trust in place, state intestacy laws may default inheritance to biological relatives—some of whom may be estranged or unsupportive. This is particularly problematic for LGBTQ+ people who may rely on chosen family members rather than traditional next of kin. Additionally, surviving spouses or partners may still face legal hurdles if prior documents weren’t updated post-marriage or if property wasn’t titled correctly—issues that often lead to contested estates and litigation.
Other potential flashpoints include outdated beneficiary designations, lack of advance healthcare directives, or families who challenge a will on the grounds of undue influence—especially in relationships that were hidden or misunderstood. For transgender individuals, a lack of gender-affirming documentation in estate planning materials can lead to further complications or disrespect in probate proceedings. These issues underscore the importance of comprehensive and current planning—and experienced legal counsel when those plans are questioned in court.
At Lord & Lindley, we understand the unique estate challenges LGBTQ+ individuals and couples face. We are committed to protecting your legacy, your loved ones, and your right to be heard—especially when those rights are put to the test. If you’re facing an estate dispute or need guidance to ensure your plan reflects your wishes, call us at 704-457-1010. For more information about our services, visit www.lordlindley.com.