Imagine this: Your partner of 15 years is rushed to the hospital. You race to the emergency room, heart pounding — only to be turned away from their bedside because, in the eyes of the law, you’re a stranger. Their estranged family, people they haven’t spoken to in years, suddenly has every legal right you don’t. It’s not a nightmare. It happens. And without proper estate planning, it could happen to you.
For LGBTQ individuals and couples, the stakes of delaying estate planning aren’t just inconvenient — they can be devastating.

The Law Doesn’t Automatically Protect Your Family

California’s probate laws were largely written around the assumption of traditional family structures. Under the California Probate Code, if you die without a will or trust (called dying “intestate”), your assets pass to relatives in a fixed order — spouse, children, parents, siblings. If you’re unmarried, your partner receives nothing, regardless of how long you’ve been together or how intertwined your lives are.
Even married same-sex couples can face complications. Legal recognition of same-sex marriage has only been federally protected since Obergefell v. Hodges in 2015 — a right that, given today’s political climate, feels less permanent than it once did. Relying solely on marriage to protect your partner is a gamble no one should take.

A Revocable Trust Is Your Most Powerful Tool

One of the most effective estate planning tools available is the revocable trust. Unlike a will, a revocable trust doesn’t go through California’s lengthy and expensive probate process. It allows you to transfer assets to your loved ones — chosen family, a partner, close friends — quickly, privately, and on your own terms.
For LGBTQ individuals in Los Angeles, West Hollywood, and Palm Springs, a revocable trust is especially important when biological family members may challenge your wishes. Under California Probate Code §21310 et seq., “no contest” clauses can be built into your trust to discourage bad-faith challenges, adding an extra layer of protection for the people you actually want to inherit from you.

Power of Attorney: Protecting You While You’re Still Here

Estate planning isn’t just about what happens when you die. A durable Power of Attorney and an Advance Healthcare Directive ensure that your voice is heard if you become incapacitated — not a biological relative’s.
Without these documents, California law (Probate Code §4000 et seq.) gives decision-making authority to next of kin. For LGBTQ individuals who are estranged from family or whose families don’t respect their identity or relationships, this can mean life-altering decisions made by people who don’t know — or don’t care — about your wishes.
https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=PROB&tocTitle=+Probate+Code+-+PROB

Chosen Family Deserves Legal Protection

LGBTQ communities have long understood that family is who you choose. Estate planning is how you make that choice legally binding. A well-drafted estate plan names the people you trust to manage your finances, make your medical decisions, and receive what you’ve worked a lifetime to build — regardless of what a birth certificate says.
Don’t leave something this important to chance, or to a system that wasn’t designed with your family in mind.

Take Action Today

Whether you’re in West Hollywood, Los Angeles, or Palm Springs, protecting your chosen family starts with a single conversation. At Kushner Legal Corporation, we specialize in estate planning for LGBTQ individuals and couples, crafting personalized plans that reflect your relationships, your values, and your wishes.
Don’t wait for a crisis to realize you needed a plan yesterday.
Contact Kushner Legal Corporation today to schedule your estate planning consultation. Your family — the one you’ve built — deserves nothing less.