Naming Guardians: A Critical Step for LGBTQ+ Parents in Estate Planning

For every parent, ensuring their children are cared for by trusted individuals is paramount. And for many LGBTQIA+ families, this concern carries an added layer of urgency and complexity when it comes to estate planning: naming guardians for minor children.

Pride Month is a good time to highlight this important — and often overlooked — step. Legal protections for LGBTQIA+ parents have come a long way, but there are still nuances and vulnerabilities that families need to be aware of.

One of the most powerful tools you have is a clear nomination of guardians in your Will.

Why Guardian Nominations Matter

In Nebraska, you can legally nominate a guardian for the personal care of your minor children in your Last Will and Testament. Without a valid Will — or if your Will doesn’t name a guardian — the court will decide who will raise your children. That process can be lengthy, expensive, and may result in decisions that do not reflect your family’s wishes or values.

It’s important to understand that this nomination in your Will carries strong legal weight — and Nebraska courts will generally honor it unless they find it is not in the child’s best interest. But without that nomination, your family could face unnecessary court battles and stress.

Also worth noting: guardianship of the person (who raises the child) is distinct from guardianship of the estate (sometimes called conservatorship), which involves managing any assets a child inherits. Often, the same person is nominated for both roles, but they can be different — and it’s important to think through both sides.

Why This Is Especially Important for LGBTQ+ Parents

Even though protections for LGBTQ+ parents have advanced, many families still face risks, particularly if:

• Only one parent is legally recognized — for example, in families where a second-parent adoption hasn’t been completed, or where legal updates haven’t caught up with the lived reality of the family.

• The family structure may not be fully understood or supported by extended relatives — which can lead to disputes or challenges about who should care for the children.

• You are raising children who themselves identify as LGBTQ+ — and want to ensure an affirming, supportive environment for them in the event of a tragedy.

It’s also crucial for LGBTQ+ parents to ensure both parents have fully recognized legal parental rights through second-parent adoption or other legal means, separate from guardianship planning. This foundational protection should be addressed first — and then supported by thoughtful guardianship nominations in your Will.

What to Consider When Naming Guardians

Beyond the basics of geographic proximity or day-to-day logistics, I encourage LGBTQ+ parents to think about:

• Does the person I’m naming fully support and affirm my family’s structure and my child’s identity?

• Will this person honor my child’s gender identity and/or sexual orientation if applicable?

• Have I had open conversations with this person about my wishes?

• Have I talked with my child (if age-appropriate) about who they would feel comfortable with?

And remember — relationships and circumstances change over time. It’s important to review your guardianship nominations regularly to make sure they still reflect the best choice for your child.

Communicate Your Wishes

In Nebraska, naming a guardian in your Will provides strong legal guidance to the court — and helps avoid unnecessary disputes. But it’s equally important to communicate your wishes to your chosen guardians and other family members now.

The more clarity you provide, the less room there will be for conflict if the worst were to happen.

Estate planning isn’t just about protecting assets — it’s about protecting the people you love most.

For LGBTQ+ parents, taking the time to thoughtfully nominate guardians provides not just legal protection, but peace of mind — knowing your children would be raised in an environment that honors your values, your family, and your child’s identity.

If you’d like help reviewing or updating your Will — or building a plan that fully reflects your family — reach out. You can contact me at 402-259-0059 or email zach@zandersonlaw.com. I’m here to help.