Estate planning is essential for everyone—but for LGBTQ singles in California, it’s especially critical. At Kushner Legal Corporation, we understand that many LGBTQ individuals may not have the legal recognition or familial structures that traditionally protect others under the law. Without a carefully constructed estate plan, your assets and healthcare decisions may fall into the hands of people you would not choose, all because California’s default rules don’t account for modern or chosen families.

Whether you’re single by choice, recently divorced, widowed, or in a committed relationship without legal marriage, the estate planning decisions you make today can provide peace of mind for tomorrow.

Why It Matters: California’s Probate Code and Intestacy Laws

In California, if someone passes away without a valid will or trust, their estate is distributed according to the state’s intestacy laws, codified in California Probate Code §§ 6400–6414. These laws determine heirs based on legally recognized relationships—primarily blood relatives and legal spouses. Unfortunately, unmarried partners, chosen family, and close friends are not included unless specifically named in a legal estate plan.

If you’re an LGBTQ single person without a comprehensive estate plan, your assets may end up in the hands of estranged relatives rather than the people you actually care about.

Key Estate Planning Tools for LGBTQ Singles

At Kushner Legal, we guide our clients through personalized estate planning strategies using a variety of tools. For LGBTQ individuals, here are the most critical documents to consider:

1. Last Will and Testament
   A will allows you to designate exactly who should receive your assets. Without it, the state decides. A well-drafted will also allow you to name an executor—someone you trust to manage and distribute your estate.
2. Revocable Living Trust
   A living trust helps your estate avoid probate—a public, costly, and often slow process. Assets held in trust pass directly to the people you name. For LGBTQ clients, this is a valuable way to make sure your chosen beneficiaries (including unmarried partners or close friends) receive your legacy with minimal court interference.
   Trusts also provide incapacity planning, allowing someone you trust to manage your affairs if you’re unable to.
3. Advance Health Care Directive
   This document lets you appoint someone to make medical decisions for you if you become incapacitated. Without this, even long-term partners may be excluded from critical decisions. Under California Probate Code §§ 4670–4691, you can designate an agent and give specific instructions about end-of-life care, organ donation, and more.
4. Durable Power of Attorney for Finances
   This lets someone you trust manage your financial affairs—paying bills, managing investments, or accessing bank accounts—if you’re unable to do so. This power must be granted formally, or your loved ones may be forced to seek court-appointed conservatorship.
5. Beneficiary Designations
   Assets like life insurance, retirement accounts, and payable-on-death accounts pass outside of probate if you name a beneficiary. These designations should be reviewed regularly to ensure they reflect your current wishes—especially if your relationships or family dynamics have changed.

Unique Concerns for LGBTQ Singles

Family Estrangement and Chosen Family

Unfortunately, many LGBTQ individuals have strained or nonexistent relationships with biological relatives. If you die intestate, these relatives may inherit everything—even if you haven’t spoken in years. A thoughtfully designed estate plan allows you to ensure your assets support the people and causes you truly care about.

Guardianship for Pets or Minor Children

If you have minor children, your will can nominate a guardian. If you have pets, your trust or will can provide for their care, including appointing a caretaker and setting aside funds.

End-of-Life and Burial Preferences

Without written instructions, end-of-life decisions—including burial or cremation—may be left to next of kin who may not share your values or know your preferences. Advance directives and clear instructions in your estate plan can protect your identity and dignity.

How Kushner Legal Can Help

At Kushner Legal, based in Beverly Hills and proudly serving LGBTQ individuals across Los Angeles and beyond, we believe your estate plan should reflect your life, your values, and your chosen family.

We provide:

• Tailored estate planning for LGBTQ singles and couples
• Living trusts, wills, and incapacity documents
• Ongoing support for updating and maintaining your plan

Let us help you create a plan that puts you in control—because in California, failing to plan means letting the state decide.
Schedule a confidential consultation today at kushnerlegal.com or call us at (310) 279-5166. Our team understands the unique needs of the LGBTQ community and will help you protect what matters most.