LGBTQIA+ Estate Planning: Why Legal Protection Isn’t Optional
Estate planning might sound like something only wealthy people or retirees worry about—but if you’re queer, trans, partnered without a marriage certificate, or part of a chosen family, it’s not just important. It’s urgent.
Too many LGBTQIA+ folks assume that because marriage is legal or because they’ve had conversations with their loved ones, that’s enough. It’s not. Without proper legal documents—and a plan that reflects your actual life and relationships—you could be leaving the door wide open for courts, estranged family members, or even hospitals to make decisions that completely disregard who you are and what you want.
That’s where working with an attorney becomes less of a luxury and more of a lifeline.
Let’s talk about the real risks
Estate planning is about more than just deciding who gets your stuff. It’s about:
Who makes your medical decisions if you’re unable to speak
Who can access your bank accounts or manage your bills if you’re incapacitated
Who will care for your children (biological, adopted, or otherwise)
Whether your partner—married or not—has any legal standing
Whether your gender identity and chosen name will be respected after death
These are deeply personal issues. And without clear legal protections, even the best intentions can unravel fast.
An attorney helps you prepare for what you can’t Google
There are templates and checklists all over the internet—but none of them know Nebraska law, and none of them know you. They can’t account for the gray areas, the family dynamics, or the nuances of queer identity that don’t show up on a fill-in-the-blank form.
An attorney can.
We walk through scenarios with you that you may not have thought of. We ask questions you didn’t know you needed to answer. We make sure your documents are worded in a way that holds up in court. And most importantly, we make sure your voice is still heard—even when you’re no longer in the room.
Your plan should reflect who you are—not just who you’re related to
Many LGBTQIA+ individuals have complicated or even non-existent relationships with their biological families. Others have close-knit chosen families that don’t show up in traditional estate law.
Without legal planning, Nebraska’s default laws will determine who gets what, who makes decisions, and who’s considered “next of kin.” And let’s be honest—those laws were not built with queer people in mind.
If your partner, best friend, or chosen sibling is the one you’d want making decisions or inheriting your home, that needs to be in writing. A proper estate plan does just that.
This isn’t just about death—it’s about dignity
A complete estate plan includes:
A will or trust (to direct where your assets go)
Powers of attorney (so someone can manage your finances and healthcare decisions if needed)
Advance directives and healthcare proxies (to ensure your medical care aligns with your identity and wishes)
Guardianship designations (especially important if you’re parenting)
Plans for digital assets, pets, and other personal matters
But more than any of the documents—it’s about protecting your dignity, your boundaries, and the people you love.
Let’s make this real
If you’re queer, trans, partnered, co-parenting, aging, or just want your wishes clearly honored—it’s time to put a plan in place. Not later. Not “someday.” Now.
And if the idea of doing all of this feels overwhelming? That’s exactly why you bring someone in to walk through it with you.
As an attorney—and a gay dad—I’ve seen firsthand what happens when people don’t have these protections in place. I’ve also seen the peace of mind that comes when they do.
So let’s make sure your plan doesn’t just exist—it reflects you. Contact me at 402-259-0059 or zach@zandersonlaw.com and we’ll get a plan that reflect and protects you.