Protecting Non-Biological Children in LGBTQ+ Families Through Estate Planning

Estate planning is a crucial process for all families, but for LGBTQ households, it takes on additional importance, particularly when it comes to protecting the rights and inheritance of non-biological children. Without proper planning with Bleakley, Bavol, Denman & Grace, these children may face legal challenges that could disrupt their financial security or family bonds.

Here’s why estate planning is essential for LGBTQ families and how it can ensure the care and protection of non-biological children.

The Unique Challenges LGBTQ Families Face

LGBTQ families often face legal and societal challenges that can complicate their ability to protect non-biological children. Even though marriage equality and certain state laws have expanded parental rights, not all legal systems automatically recognize non-biological parents as having the same rights as biological parents.

For example:

• Intestate succession laws (when someone dies without a will) typically favor biological relatives. Without proper planning, non-biological children could be excluded from inheriting assets.
• Guardianship disputes can arise if a biological parent dies or becomes incapacitated and no legal provisions are in place.

These potential hurdles underscore the importance of proactive estate planning.

Key Strategies for Protecting Non-Biological Children

Establish Legal Parentage
When possible, LGBTQ parents should solidify legal parent-child relationships through second-parent adoption or legal parentage declarations. These steps ensure that non-biological parents have equal rights and responsibilities, including the ability to make medical and financial decisions for the child.

Create a Comprehensive Will
A will is one of the most essential estate planning tools for LGBTQ families. It allows you to:

Designate beneficiaries, including non-biological children.

Appoint a guardian to care for your children in the event of your passing. This step is critical if the biological parent is unavailable or unfit to serve as the guardian.

Without a will, state intestacy laws may exclude non-biological children from inheriting your assets, leaving their financial future in jeopardy.

Set Up a Trust
Trusts provide greater flexibility and control over how assets are distributed to your children. A trust can:

• Specify how and when children receive their inheritance.
• Protect assets from creditors or other potential claims.
• Ensure financial support for children with special needs.

Trusts also bypass probate, allowing for a faster and more private distribution of assets.

1. Designate Beneficiaries
   Non-biological children should be explicitly named as beneficiaries on life insurance policies, retirement accounts, and other financial instruments. This ensures they receive these assets directly, without relying on a will or other legal processes.
2. Healthcare and Power of Attorney Documents
   LGBTQ parents should create healthcare directives and powers of attorney that include provisions for their children’s care. These documents empower trusted individuals to make decisions for the children in emergencies.

The Importance of Working with an Experienced Attorney

Navigating the complexities of estate planning as an LGBTQ family requires knowledgeable legal guidance. An experienced attorney can help you create a plan tailored to your family’s unique needs and ensure compliance with Florida’s laws.

At Bleakley, Bavol, Denman & Grace, our Tampa estate planning attorneys understand the importance of protecting what matters most—your family. Contact us today to schedule a consultation and take the first step in securing your children’s future. Together, we can provide the peace of mind that comes with knowing your family is protected.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html