What advisors need to know about estate planning for LGBTQ couples, individuals

What advisors need to know about estate planning for LGBTQ couples, individuals
In the absence of proper estate planning, there's a risk that LGBTQ individuals' intentions may not be respected.
JUN 20, 2023

Same-sex couples and LGBTQ individuals have overcome significant discrimination and legal challenges in recent decades. Nevertheless, they still run up against obstacles and complexities when it comes to estate planning.

“Without proper LGBTQIA+ estate planning, there is a risk that their intentions may not be respected or met," said Mitch Mitchell, associate counsel of estate planning at Trust & Will. "By being diligent and thoughtful in their estate planning efforts, LGBTQIA+ individuals and families can navigate these challenges and secure the legacy they desire."

Protecting parental rights, for example, is an area where LGBTQ individuals and couples need to consider several important steps. First off, experts say establishing legal parentage in their jurisdiction is vital. This may include adoption, assisted reproductive technology agreements or determining parentage through a court order to make sure both parents have recognized rights regarding their children.

Creating comprehensive estate plans that include provisions for guardianship is essential. Parents need to designate a trusted person or couple who will act as guardians for their children if something were to happen to them.

“Not all jurisdictions recognize same-sex relationships or marriages equally, which can complicate estate planning," Mitchell said. "Couples should understand the legal landscape in their specific jurisdiction and consider how it affects their rights and options.”

Default inheritance laws in certain states also may not align with LGBTQ individuals' intentions, so estate plans must protect inheritance rights as well. That means addressing the distribution of assets to ensure that the desired beneficiaries, including a same-sex partner or non-biological children, are safeguarded.

Family dynamics can be challenging too, as some LGBTQ individuals may face resistance or lack of acceptance from their families.

“This can complicate estate planning, as it may require additional sensitivity, communication and legal strategies to protect their wishes and ensure their chosen beneficiaries receive their intended inheritance,” Mitchell said.

Health care planning is another critical area where LGBTQ individuals need to legally protect themselves. The use of a living will, for instance, ensures that health care providers and loved ones are aware of their desires regarding life-sustaining treatments, resuscitation, and other medical interventions.

Along similar lines, designating a trusted person as a medical power of attorney allows that person to make health care decisions on behalf of the LGBTQ individual if they become unable to do.

As for financial planning, a recent Limra report said nearly half of LGBTQIA+ consumers (49%) say they have a high or very high level of stress about household finances, compared with just a third (32%) of the general population. According to Limra, life insurance coverage — or the lack of it — is one of the factors contributing to this concern.

Limra’s 2023 Insurance Barometer Study showed just 42% of those identifying as LGBTQ+ reported owning life insurance. While this represents an increase from 2022, it remains 10 points lower than the ownership rate among the general population.

"Members of the LGBTQ+ community tend to have less wealth than the general population," said Alison Salka, senior vice president and head of Limra research. "LGBTQ+ consumers, like most consumers, say a main reason for not purchasing life insurance is that it's too expensive. Yet, according to our Barometer study, most consumers vastly overestimate the cost."

Latest News

BMO adds three advisors in Dallas amid Y'all Street wealth boom
BMO adds three advisors in Dallas amid Y'all Street wealth boom

The bank has swiped three private banking veterans from BNY as the city climbs the ranks of America's fastest-growing wealth hubs.

UBS moves toward full-service US bank as plans to extend wealth business
UBS moves toward full-service US bank as plans to extend wealth business

Employee accounts, crypto trials and job cuts frame a pivotal year for the Swiss lender.

$5B broker-dealer NBC Securities has a new name after almost 30 years
$5B broker-dealer NBC Securities has a new name after almost 30 years

New name draws on founder's family history as consolidation reshapes the broker-dealer landscape.

Cerity Partners enters new market with Cordant Wealth Partners merger
Cerity Partners enters new market with Cordant Wealth Partners merger

Deal brings tech-focused planning expertise, expanded Pacific Northwest presence to national RIA platform.

Treasury unveils Trump Accounts fund lineup led by BlackRock, Vanguard, and State Street
Treasury unveils Trump Accounts fund lineup led by BlackRock, Vanguard, and State Street

Five low-cost index ETFs to anchor Trump Accounts as advisors weigh options against 529 and UTMA plans for clients

SPONSORED Who builds the income when the pension disappears?

Dan Biagini of American Equity says the steady decline of pensions, longer lifespans and a reset in interest rates are rewriting how advisors build retirement income

SPONSORED Why direct indexing stopped being optional

Direct indexing is on pace to outgrow ETFs and mutual funds. Northern Trust's Ken Lassner explains why the advisors who get it wish they had started sooner.