LGBT Estate Planning DC: Trust-Based Planning for Protection and Peace of Mind
LGBT estate planning in DC is about more than naming beneficiaries—it’s about keeping control of your life, your care, and your legacy. For many LGBT individuals and couples, a revocable living trust is the best tool to make sure your wishes are honored during your life and after you’re gone—without relying on outdated court systems or default rules.
As someone who works closely with and is part of the LGBT community, I know firsthand how important it is to protect the people you actually trust—not just the ones related to you by blood. Whether you’re in a long-term relationship, married, part of a chosen family, or proudly independent, your estate plan should reflect the life you’ve built.
Why a Revocable Trust Should Be the Heart of LGBT Estate Planning DC
At the core of a strong estate plan is a revocable living trust. Unlike a will—which only takes effect after you die—a trust works while you’re living. It allows you to name yourself as trustee so you remain fully in charge of your assets. But it also lets you name a successor trustee—someone you trust to step in if you’re ever unable to manage things yourself.
That’s one of the biggest advantages of a trust: it doesn’t just handle inheritance—it also handles incapacity. If you suffer an illness, injury, or cognitive decline, your successor trustee can seamlessly begin managing your assets for your care, without court involvement or delay.
For LGBT individuals—especially those whose chosen family members or partners may not be recognized automatically under the law—this is critical. A trust lets you bypass the court system and keep control in the hands of the people you actually trust.
The Will Is Just a Backup: The Pour-Over Will
Many people assume the will is the main estate planning document. In trust-based planning, it’s not. The will becomes a backup, used only if an asset wasn’t properly titled in the trust. This special type of will is called a pour-over will—it simply catches any stray assets and “pours” them into your trust after your death.
That means all instructions still come from your trust, and everything is administered in one consistent process. No public probate process. No conflicting documents. Just smooth, private administration.
Choosing the Right People: Honoring Your Family of Choice
So many LGBT individuals have built families of choice—deep, lasting bonds with friends, partners, and community members who’ve been there when others weren’t. A trust gives you the legal power to make sure those people—not your estranged cousin or an absentee sibling—are the ones who manage your care and receive your legacy.
You can name a partner, close friend, or anyone else as your trustee, health care agent, or beneficiary. Your trust and related documents make these choices legally enforceable—so there’s no question about your intent, even if someone tries to challenge it later.
Avoiding Probate—and the People Who Shouldn’t Inherit
Without a trust, your estate will likely go through probate—a public, court-supervised process where your assets are distributed under the court’s oversight. For many LGBT individuals, this means heirs at law—people related to you by blood but disconnected from your life—could claim a share of your estate.
We’ve all heard stories about the “gay uncle” whose siblings or nieces and nephews appeared after his death to claim what he never meant for them to have. With a trust, you control everything. You can leave your estate to your partner, friends, community members, or charities—and explicitly disinherit anyone you don’t want involved.
Because a trust avoids probate entirely, there’s also less opportunity for those people to step in and interfere. You keep things private, efficient, and most importantly—under your control.
Planning for Incapacity with a Trust
One of the most overlooked benefits of a revocable trust is how well it handles incapacity planning. If you become ill, injured, or otherwise unable to manage your finances, your successor trustee can immediately begin using your assets for your care.
Unlike a power of attorney—which some financial institutions are reluctant to honor or may delay—a trust is often more respected by banks and financial institutions. It also offers more flexibility: your trustee can pay bills, manage investments, and make sure you receive the care you need—all without going to court.
This matters especially for LGBT individuals, whose partners or chosen family members may not be the “default” person recognized in a medical or financial emergency. Trust-based planning ensures they’re already in place and ready to act.
Supporting Charities That Reflect Your Values
Many in the LGBT community have deep ties to causes that have supported us through life—whether it’s LGBTQ youth organizations, HIV/AIDS foundations, civil rights groups, or the arts. With trust-based planning, you can include charitable giving as part of your legacy.
Your trust can designate specific charitable gifts, set up recurring donations after your death, or establish a fund in your name. And because trusts are private, you can leave your legacy quietly or celebrate it publicly—however you wish.
Providing for Pets as Part of Your Trust
Pets are part of the family, too. A revocable trust allows you to name a caregiver for your pets and even set aside funds to cover their lifetime needs. This ensures they receive the same love and attention you’ve always given them, even if you’re no longer around to provide it yourself.
We can include legally enforceable pet care provisions in your trust—covering food, vet care, shelter, and other needs—with instructions that your trustee must follow.
Key Documents That Support Your Trust
While the trust is the centerpiece, your full estate plan should include:
Revocable Living Trust – Controls your assets during life, incapacity, and after death
Pour-Over Will – Catches any assets not titled in your trust and transfers them in
Durable Power of Attorney – Covers financial matters outside the trust
Advance Health Care Directive / Health Care Power of Attorney – Names your chosen health decision-maker and documents your wishes
HIPAA Authorization – Gives your trustee and agents access to your health records
Pet Planning Provisions – Care instructions and funds for your animals
Charitable Bequest Instructions – Gifts to the organizations that matter most
A Personal Approach to LGBT Estate Planning in DC
At Right Size Law PLLC, I work closely with LGBT individuals and couples to design estate plans that reflect who they are and what they value. As someone connected to the community, I understand how sensitive and personal these conversations can be.
You won’t get generic documents or cookie-cutter advice. You’ll get a carefully crafted plan that respects your relationships, honors your values, and protects your future.
We talk through who should inherit from you. Who should manage your care. What causes you care about. And how to make sure those decisions are honored—without interference, confusion, or delay.
You Deserve a Trust That Reflects Your Life
LGBT estate planning in DC doesn’t have to be stressful or confusing. With a revocable trust at the center of your plan, you gain peace of mind—knowing your wishes will be carried out with care and clarity.
If you’re ready to protect your partner, chosen family, pets, and legacy, I’m here to help.
Contact Right Size Law PLLC today to start building a trust-based plan that reflects the life you’ve built—and the future you want to protect.