What Harvey Milk’s Story Teaches Us About Legacy, Family, and Legal Protection
Why Harvey Milk’s Story Still Resonates
Harvey Milk is rightly remembered as a pioneer—one of the first openly gay elected officials in the United States and a tireless advocate for LGBTQ+ rights. But beyond the activism, Milk’s life and death also highlight something that’s deeply relevant to estate planning and family law: the importance of legal protection, the value of securing your chosen family, and the impact of planning your legacy with intention.
These lessons remain deeply important for LGBTQ+ individuals and families in Nebraska, where the law doesn’t always reflect the reality of modern family structures.
Legacy Is More Than Money
Before his assassination, Milk recorded tapes that he asked to be released only if he were killed. He understood the risks. But more importantly, he understood that your voice and your values matter just as much as your assets.
That’s the heart of thoughtful estate planning: not just passing on property or finances, but preserving your message, your relationships, and your priorities. Your estate plan is a tool to protect the people you love and ensure they’re supported in the way you intended.
Whether you’re an activist, a parent, or simply someone who values clarity and care, your legacy is about more than what you leave behind—it’s about how you shape the lives of those you love, even when you’re no longer here.
Legal Protection for Chosen Family in Nebraska
Milk often emphasized that for many LGBTQ+ individuals, family isn’t defined by biology. It’s built through friendship, shared struggle, and mutual support. Nebraska law, however, defaults to traditional family structures unless directed otherwise through legal documents.
That’s why legal planning is essential, particularly for LGBTQ+ individuals with chosen family. Without formal documents, Nebraska law may grant decision-making power to estranged or unsupportive biological relatives, regardless of your wishes.
Key documents to protect chosen family include:
A Last Will and Testament to direct inheritance and nominate guardians
A Durable Power of Attorney for financial decisions
A Health Care Power of Attorney to allow chosen family to make medical decisions
Advance directives or living wills for end-of-life care preferences
These documents ensure that your chosen family—not just your legally recognized family—can be there for you in critical moments.
Guardianship and Parental Rights for LGBTQ+ Families
Milk was also outspoken about protecting LGBTQ+ youth. That work continues today through the legal steps LGBTQ+ parents can take to safeguard their families—especially when one parent may not be legally recognized due to adoption status or gaps in documentation.
In Nebraska, even married same-sex couples can face legal uncertainty if both parents aren’t recognized in writing. A second-parent adoption or court-ordered parentage judgment ensures legal parental rights for both parents—independent of wills or guardianship documents.
Once both parents are legally recognized, you can then strengthen your plan by nominating a guardian for your minor children through your will. Under Neb. Rev. Stat. § 30-2602, a parent can nominate a guardian to care for their children if something happens to them. This nomination carries legal weight and is generally honored by Nebraska courts unless proven not to be in the child’s best interest.
It’s also important to distinguish between:
Guardianship of the person (who raises your child), and
Guardianship of the estate (who manages assets inherited by your child)
The same person can be nominated for both, or different people can be appointed based on skills, trust, and family dynamics.
Rights Can Shift — Legal Protection Shouldn’t
If you need a reminder of why all this still matters, consider what happened just this year: federal officials moved to strip Harvey Milk’s name from a U.S. Navy ship that had been named in his honor.
Progress, no matter how meaningful, is not always permanent. Laws change. Leadership changes. But legal documents—when properly drafted—create a stable foundation for protecting your family, regardless of political winds.
I work with Nebraska families who’ve taken this seriously—like a recent same-sex couple who finalized a second-parent adoption for their son, created wills with affirming guardianship nominations, and now have the peace of mind that their child’s care reflects their values, no matter what the future brings.
FAQ: LGBTQ+ Estate Planning and Family Law in Nebraska
What is “chosen family” in legal terms?
While “chosen family” isn’t a legal category, your estate plan can give your chosen family legal authority. Through powers of attorney and wills, you can designate them to make medical, financial, and guardianship decisions that Nebraska law would otherwise assign to biological relatives.
Do same-sex couples in Nebraska still need second-parent adoptions?
Yes. Even if both names are on a birth certificate, a court-ordered adoption or parentage judgment provides the strongest legal protection for the non-birth parent. This ensures their parental rights are recognized in all states and cannot be challenged.
What happens if I don’t name a guardian for my child?
If a guardian isn’t named in your will, a Nebraska court will decide who cares for your child. That process can be slow and may result in someone you would not have chosen being appointed.
Can I name different people to manage my child’s care and finances?
Yes. You can name one person as the guardian of the person (to raise your child) and another as guardian of the estate (to manage their inheritance). This can be a smart move if one person is better with parenting and another with money management.
How often should LGBTQ+ families update their estate plans?
Every 3–5 years—or sooner if:
Your family structure changes
You move to a new state
Laws affecting LGBTQ+ rights shift
You gain new assets or responsibilities
Estate Planning Is Part of LGBTQ+ Advocacy
Milk believed in building a future where LGBTQ+ people could live openly and safely. Legal planning is a practical extension of that vision. It’s how we protect ourselves, our families, and our values.
Whether you’re navigating parenthood, protecting your chosen family, or planning for the long term, I’m here to help you create a plan that reflects your reality—and gives you peace of mind.
Call 402-259-0059 or email zach@zandersonlaw.com to start the conversation.