Estate planning isn’t just about money for same sex couples. It’s about love, protection, and control to ensure medical or financial decisions are upheld for couples in a same sex marriage.

For LGBTQ+ couples in California, estate planning is one of the most powerful ways to protect your partner, your children, and the life you’ve built together. Even in 2026, with marriage equality firmly established, estate planning gaps still create real legal risks for LGBTQ+ families who rely on assumptions instead of proper estate planning documents.

As Los Angeles estate planning lawyers, Best Coast Estate Law is an LGBTQ-friendly law firm that takes the time to explain how LGBTQ+ couples can protect themselves with smart, modern estate planning in California, and most importantly, executes a plan to protect them.

Why Estate Planning is Especially Important for LGBTQ+ Couples

California law has come a long way, like passing laws that made same sex marriage legal, but some California laws still don’t reflect real-life families. Without a legally enforceable estate plan:

  • Assets may pass to biological relatives instead of your partner
  • Non-biological parents may have no automatic rights
  • Medical decisions could fall to estranged family members
  • Probate court becomes public, expensive, and stressful

Estate planning allows LGBTQ+ couples to override outdated defaults and decide clearly and legally who matters most. Couples can set up retirement accounts together, allocate assets and financial affairs to a surviving spouse, set up a plan for minor children, and more estate planning options that Best Coast Estate Law can help with.

Do Wills and Trusts Both Matter?

Do LGBTQ+ Couples Need a Will in California?

It’s always smart to have a will in California, but a will alone is rarely enough.

A will allows you to:

  • Name your partner as beneficiary
  • Appoint guardians for children
  • Choose an executor you trust
    However, wills must go through California probate, which can be slow, costly, and public—especially in Los Angeles and Palm Springs, where property values are high.

Why Trusts Are Better for LGBTQ+ Families

A revocable living trust is usually the cornerstone of LGBTQ estate planning in California.

A trust allows you to:

  • Avoid probate entirely
  • Keep your estate private
  • Protect a surviving partner immediately
  • Control how and when assets are distributed
  • Provide long-term protection for children

For couples with real estate, blended families, or unequal incomes, a trust offers flexibility and security a will typically can’t.

Estate Planning for LGBTQ+ Parents and Non-Biological Children

One of the most critical and overlooked areas of estate planning for LGBTQ+ couples is what happens to their children after they die.

If one partner is not the biological or adoptive parent, legal parentage may be unclear, guardianship could be challenged by an outside party, and custody disputes can arise after death or incapacity.

However, an estate plan can name explicit guardians so there isn’t a misunderstanding about who the children will live with after a parent dies, it can support documentation that deems who the rightful parents are, and can even prevent interference from outside relatives.

For LGBTQ+ parents, estate planning is not optional; it’s protective armor for a family.

Legally Recognized Medical Decisions

Without proper documents, your partner may not be allowed to make medical decisions for you, regardless of your relationship. Every LGBTQ+ estate plan should include:

These documents ensure your partner, and not a hospital administrator or distant relative, has legal authority during emergencies.

Financial Protection & Powers of Attorney

A Durable Power of Attorney allows your partner to manage finances if you’re incapacitated.

Without one, bills may go unpaid, businesses may stall, and courts could appoint a conservator you wouldn’t choose.

A Durable Power of Attorney is especially important for couples with shared property, LGBTQ+ business owners, and many entertainment industry professionals with contracts, royalties, or IP. The Burbank will and trust attorneys at Best Coast Estate Law handle the estates of many Hollywood professionals, so the legal team knows how to handle estate planning with power and nuance.

How to Avoid Probate in California (A Big Win for LGBTQ+ Couples)

Probate in California is expensive, fully available to the public, and very emotionally draining. Which is why our Burbank trust and estate lawyers work hard to make sure our clients’ estates don’t end up in probate.

Using a trust-based estate plan is one of the most effective ways for LGBTQ+ couples to avoid probate entirely and protect privacy.

Estate Planning for LGBTQ+ Couples With Unequal Assets

When LGBTQ+ couples have different income levels, separate property, and prior relationships or children, it’s important they protect what they came into the relationship with.

A well-drafted trust can protect both partners fairly, prevent resentment or confusion between them and their extended families, and help balance independence with shared goals.

Estate planning isn’t about “who has more,” but rather what feels right for your relationship. We’ve seen that it actually helps couples reflect on their relationship, and more often than not, strengthen it.

Why Work With an LGBTQ-Friendly Estate Planning Attorney in California?

Estate planning is deeply personal. Working with a Los Angeles estate attorney who understands LGBTQ+ family structures, California estate law, and local probate courts in Los Angeles, Burbank, and Palm Springs can make the process smoother, safer, and far more empowering.

Cookie-cutter online forms don’t ask the right questions, and they don’t protect against real-world disputes. There are dozens of unforeseen circumstances that only a qualified trust and estate lawyer in Los Angeles can help couples navigate.

If you’re looking for an LGBTQ-affirming estate planning attorney in Los Angeles, Burbank, or Palm Springs, the estate attorneys at Best Coast Estate Law can help you create a plan that reflects who you are and what you want, not just what the law assumes.

Call us today for a free consultation.