LGBTQ Estate Planning in La Jolla: Protecting Your Rights, Your Partner, and Your Legacy

Why LGBTQ+ Estate Planning Matters

Although marriage equality is now recognized nationwide, estate planning for LGBTQ+ couples still requires special care. LGBTQ+ individuals and families often face complex legal, financial, and personal considerations that must be addressed with clarity and foresight.

Even in La Jolla — one of the most progressive states in the country — LGBTQ+ families can be vulnerable to:

• Challenges to inheritance rights
• Confusion or disputes over guardianship and parental rights
• Exclusion from end-of-life medical decisions
• Conflict from biological family members
• Inequities in retirement, tax, or survivor benefits

A personalized LGBTQ estate plan ensures that your loved ones are protected, your partner is empowered, and your legacy is preserved.

What Is LGBTQ+ Estate Planning?

LGBTQ+ estate planning is the process of creating legally binding documents and structures that reflect the unique relationships and needs within LGBTQ+ families. It ensures that your assets are distributed according to your wishes and that your loved ones can act on your behalf when needed.

At Wakefield Law Firm, we understand that family means something different to everyone. Whether you’re legally married, divorced, in a long-term partnership, or navigating co-parenting arrangements, we help ensure your legal documents reflect your reality.

Who Needs LGBTQ+ Estate Planning?

Estate planning is important for everyone — but especially vital for LGBTQ+ individuals, couples, and families. You should consider working with an LGBTQ-friendly estate planning attorney if:

• You are in a same-sex marriage or domestic partnership
• You are not legally married to your partner
• You are co-parenting or have children from previous relationships
• You have estranged or unsupportive biological family
• You want your partner to make medical or financial decisions for you if needed
• You want to ensure your property is passed according to your wishes

Even if you are legally married, La Jolla law doesn’t automatically cover every situation — especially when it comes to guardianship, health care directives, and non-biological parental rights.

Our LGBTQ+ Estate Planning Services

At Wakefield Law Firm, we provide full-service estate planning tailored to the needs of LGBTQ+ individuals and families. Our approach is compassionate, respectful, and legally meticulous.

1. Last Will and Testament

A will outlines how you want your assets distributed after your death and allows you to:

• Name beneficiaries (including non-relatives)
• Appoint a legal guardian for children
• Choose an executor to manage your estate

For same-sex couples or LGBTQ+ individuals with non-traditional families, a will ensures your assets go to the people you choose — not the default heirs under La Jolla’s intestacy laws.

2. Revocable Living Trusts

A trust helps avoid probate, maintain privacy, and provide long-term financial management for your beneficiaries. Trusts are especially useful for LGBTQ+ families to:

• Manage shared property
• Provide for a surviving partner or spouse
• Support children from blended or co-parenting arrangements
• Control how and when assets are distributed

Trusts also prevent interference from outside parties and ensure your wishes are followed without court involvement.

3. Powers of Attorney

Without proper legal documents, your partner may not have the authority to manage your finances or make medical decisions if you’re incapacitated.

We help you establish:

• Financial Power of Attorney – So your partner or chosen representative can manage accounts, pay bills, and handle property.
• Healthcare Power of Attorney – So the person you trust can make medical decisions if you’re unable to.

These are especially crucial if you are not legally married or your biological family does not support your relationship.

4. Advance Healthcare Directives

An advance directive (or living will) specifies your medical care preferences, including life support, organ donation, and end-of-life care. For LGBTQ+ individuals, this document can help ensure that your values and preferences are respected — not questioned.

5. Parental Rights and Guardianship

Estate planning for LGBTQ+ parents often requires special attention to guardianship designations and legal parentage — especially in blended families, co-parenting situations, or where one partner is not biologically related to the child.

We help you:

• Appoint guardians in case of incapacity or death
• Secure legal rights for both parents
• Coordinate with family law to ensure long-term protection for your children

6. Beneficiary Designations and Retirement Planning

Many LGBTQ+ couples have retirement accounts, insurance policies, and other benefits that need updated beneficiary designations. We help you align all of your financial documents with your estate plan to avoid conflicts or delays.

Why Wakefield Law Firm?

Wakefield Law is proud to be a welcoming law firm for all individuals and families. Here’s why LGBTQ+ clients across La Jolla trust us:

• Inclusive and Understanding: We know the unique legal and emotional challenges facing LGBTQ+ couples and individuals.
• Experienced Legal Guidance: We have deep experience with La Jolla estate planning and LGBTQ+ family structures.
• Personalized Plans: We don’t use templates — your plan will reflect your life, your goals, and your relationships.
• Confidential and Compassionate: You can trust us to handle your personal matters with discretion and respect.
• Trusted Advisors: We’re not just attorneys — we’re advocates for your rights, your family, and your legacy.

Common Questions About LGBTQ+ Estate Planning

Is a will enough to protect my partner?

A will is a good start, but it doesn’t cover everything. You also need to consider creating powers of attorney, health care directives, and potentially a trust to fully protect your partner — especially if you’re not legally married.

Can my partner make medical decisions for me?

Not unless you have a healthcare power of attorney or are legally married. Even then, disputes with biological family can arise. Proper legal documents give your partner clear authority.

What happens if I don’t have a plan?

Without an estate plan, La Jolla law decides who inherits your property and who makes decisions for you — which may not align with your actual wishes. For LGBTQ+ individuals, this can mean partners or chosen family are excluded.

Is LGBTQ estate planning different from traditional planning?

The legal tools are the same, but the application is different. LGBTQ+ families often have unique structures, and it’s important to consider having an attorney who understands how to navigate those nuances.

Take the First Step Toward Peace of Mind

Your relationships, your family, and your legacy matter. Wakefield Law Firm is here to help you protect them — with empathy, clarity, and trusted legal experience.

📞 Call us today to schedule a confidential consultation, or
📅 Book a time online to start planning at your convenience.

Whether you need estate planning for gay couples, same-sex estate planning, or comprehensive LGBTQ+ estate planning, we’re here to support you — every step of the way.

Areas We Serve

Wakefield Law proudly serves LGBTQ+ clients across La Jolla, including:

• San Francisco
• Los Angeles
• San Diego
• Sacramento
• Palm Springs
• Long Beach
• Orange County
• And beyond