Estate planning is essential for everyone, but it carries unique importance for members of the LGBTQ community. While marriage equality has granted same-sex couples the same legal rights as opposite-sex couples, careful planning is still vital to ensure your wishes are honored, your loved ones are protected, and your assets are transferred smoothly.

At John D. Laughton, A Professional Law Corporation, we provide compassionate, comprehensive estate planning services tailored to the needs of the LGBTQ community in Monterey and throughout California. Whether you are married, partnered, or single, we can help you create a plan that reflects your personal, financial, and family goals.

Why Estate Planning Matters for the LGBTQ Community

Even with legal recognition of same-sex marriages, certain challenges still arise in areas such as inheritance rights, medical decision-making, and property ownership. Without a well-structured estate plan, your loved ones could face delays, legal disputes, or even challenges to their rights.

Estate planning ensures that:

• Your assets are distributed according to your wishes — not state default laws.
• Your partner or spouse has clear authority in medical or financial matters if you become incapacitated.
• Your privacy and dignity are preserved through strategies that avoid probate.
• Blended family and non-traditional relationship structures are respected in your plan.

Key LGBTQ Estate Planning Tools

Our firm offers a variety of legal strategies to help you protect your rights and legacy, including:

1. Revocable Living Trusts
Avoid probate, maintain privacy, and ensure your chosen beneficiaries receive assets without delay. As the initial trustee, you retain full control during your lifetime, with a successor trustee managing the trust if you pass away or become incapacitated.

2. Wills
While a will is a foundational estate planning tool, it must go through probate. We often recommend pairing a will with other legal instruments to save time and costs for your loved ones.

3. Advance Healthcare Directives & Durable Powers of Attorney
Name trusted individuals to make medical and financial decisions on your behalf if you cannot do so. This is especially important in protecting your partner’s ability to act on your behalf without legal challenges.

4. Special Needs and Pet Trusts
If you care for dependents with special needs or beloved pets, these trusts ensure their ongoing care in accordance with your instructions.

Planning for Incapacity

A complete estate plan addresses not only asset distribution after death but also the possibility of incapacity during your lifetime. By creating a living will and durable powers of attorney, you can clearly state your healthcare wishes and designate decision-makers you trust. For those with a trust, appointing a disability trustee ensures your finances are managed seamlessly if you can no longer do so yourself.

Protecting What Matters Most

At John D. Laughton, A Professional Law Corporation, we believe every estate plan should be as unique as the individual it protects. We are proud to offer a safe, inclusive environment where LGBTQ individuals and couples can receive personalized legal guidance.