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.
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.
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.
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 LGBTQ+ Families through Estate Planning During Trump’s Second Term
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.
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.
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.
Schedule your phone consultation: THE LAW OFFICES OF CLAUDE S. SMITH, III
Protecting LGBTQ+ Families through Estate Planning During Trump’s Second Term
Reference: Barron’s (March 26, 2025) "Wealthspire’s Steve Branton: Advice for LGBTQ+ Clients Worried About Changes Under Trump 2.0"
Legal problems are extremely stressful, especially when your family, your health, or your freedom are at stake. At this point in time, you may not even be sure what kinds of questions you need to ask a lawyer, but that’s entirely normal. Whether your situation involves family law, estate planning, elder law, a criminal charge, or a personal injury, we will start by giving you all the information you need.
The way we see it, you deserve to get this information directly from an expert. That’s why we make it easy for you to get in touch with your lawyer, and we never ask you to sit down with a paralegal or assistant instead.
As our relationship continues, we will keep you updated about the status of your case every step of the way. Your lawyer will reach out regularly to tell you about any new developments, and he will also be happy to answer any questions you have throughout the process.
