LGBTQ+ Estate Planning Tips

For the LGBT community, estate planning carries unique challenges and nuances. In this in-depth exploration, we delve into the world of estate planning with Wendy Hartmann, a seasoned attorney renowned for her dedication to serving the LGBT community. Join us as we unravel the intricacies of LGBT estate planning, offering insights and solutions to empower families and individuals.

Understanding Estate Planning:

Estate planning is not merely about wills and trusts; it’s about crafting a legacy and ensuring your desires echo through generations. Wendy Hartmann emphasizes that estate planning provides individuals with the means to define how their assets will be distributed, granting them control over their financial legacy. Core documents such as revocable living trusts, wills, healthcare directives, and durable Powers of Attorney serve as the cornerstones of a comprehensive estate plan. Wendy passionately advocates for regular reviews, urging clients to revisit their plans every three to five years to adapt to life’s changing landscapes.

The LGBT Community and Legal Challenges:

Historically, the LGBT community faced significant legal challenges. Prior to 2003, there were limited legal protections for same-sex couples in California. Over the years, the legal landscape evolved. Domestic partnership laws provided certain rights, while the landmark moment came in 2014 when federal recognition of same-sex marriages granted substantial legal protections. Wendy Hartmann provides a historical context, shedding light on the immense progress made and challenges overcome.

Critical Aspects of LGBT Estate Planning:

  • Legal Status Assessment: Wendy advises couples to assess their legal status meticulously. Understanding the intricacies of registrations, domestic partnerships, and marriages ensures comprehensive legal protection.
  • Asset Titling and Property Ownership: Proper titling of assets is a cornerstone often overlooked. Wendy highlights real-life cases where families contested property ownership after a partner’s passing, underscoring the necessity for thorough documentation.
  • Healthcare Directives and Decision-Making: Wendy stresses the vital importance of healthcare directives. Ensuring that the chosen partner possesses the legal authority for medical decisions can prevent potential disputes during critical moments.

Challenges and Solutions:

  • Long-Term Couples and Documentation: Long-term same-sex couples often lack documentation of their legal relationships. Wendy discusses the challenges faced and advises proactive measures. Establishing legal relationships and updating documents are paramount to prevent disputes and protect assets.
  • Beneficiary Designations and Guardian Nominations: Clear beneficiary designations and guardian nominations are essential. Wendy emphasizes the importance of these designations, especially for couples with children, ensuring a secure future for all parties involved.


Wendy Hartmann stands as a pillar of strength and knowledge within the realm of LGBT estate planning. Her expertise, coupled with her dedication to education and advocacy, ensures that individuals and families within the LGBT community can navigate the complexities of estate planning with confidence. Through her guidance, countless families are empowered to secure their legacies, fostering a future defined by financial stability and legal protection.

🗣️Notable Quotes:

“Every 3 to 5 years I tell my clients to look at their beneficiaries, designated agents / trustees, or nominated guardian for their children and make sure they’re still the same.”

📇Connecting with Wendy:




📺Full Episode

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DISCLAIMER: The Probate Realtor® Matias Baker Masucci is a licensed real estate broker in California DRE # 02054763. Any legal information provided is for informational purposes only and NOT for the purpose of providing legal advice. Contact an attorney to obtain advice with respect to any particular legal issue or problem. We make no guarantees as to the accuracy of any information.

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