🌈 Pride Month Reminder: Love Deserves a Plan

June 2026

By Nik Sallie, Attorney & Founder, Tastemakers Legal, PLLC

When marriage equality became the law of the land, many LGBTQ+ couples finally gained legal recognition that had been denied for generations.

But while marriage created important rights and protections, it did not eliminate the need for estate planning.

As an estate planning attorney in Texas, I regularly meet LGBTQ+ professionals, couples, and families who assume that because they are married or have been together for years, everything will automatically work out if one of them becomes incapacitated or dies.

Unfortunately, that isn't always the case.

The truth is that grief is hard enough. Your loved ones should not also have to navigate court proceedings, family conflict, uncertainty about your wishes, or questions about who has legal authority to act.

A well-designed estate plan isn't about preparing for death. It's about protecting the people you love while you're alive and after you're gone.

Chosen Family Isn't Always Recognized by Law

Many LGBTQ+ people have built beautiful chosen families—close friends, mentors, former partners, and community members who function as family in every meaningful way.

The challenge is that the law does not automatically recognize chosen family.

Without proper legal documents, the person you trust most may not be the person legally authorized to:

• Receive medical information
• Make healthcare decisions
• Access financial accounts
• Handle your affairs during incapacity
• Serve as executor of your estate

If you want someone other than your next of kin to have authority, you must put those wishes in writing.

If You Have Children, Parentage Matters

For LGBTQ+ families with minor children, one of the most important questions is:

Are both parents legally recognized as parents?

Many families assume that because they are raising a child together, both parents automatically have equal rights.

Depending on how your family was formed, that may not be true.

Questions worth considering include:

• Has a second-parent adoption been completed?
• Is there a court order establishing parentage?
• Is there a donor agreement?
• Are there co-parenting agreements in place?
• Would a school, hospital, or court recognize both parents' authority?

If one parent becomes incapacitated or dies, these questions can become critically important.

Who Would Raise Your Children If Something Happened to You?

Most parents have opinions about who should—and should not—raise their children.

Far fewer have documented those wishes.

Without planning, a judge may ultimately decide who will care for your children if both parents die or become unable to care for them.

A comprehensive Kids Protection Plan should address:

• Permanent guardians
• Temporary caregivers
• Emergency contacts
• Medical information
• Educational preferences
• Family values and traditions
• Instructions for the people stepping in to care for your children

The goal is to provide guidance and stability during what would already be an incredibly difficult time.

Estate Planning Is Also Incapacity Planning

Many people think estate planning only matters after death.

In reality, some of the most important documents become effective while you're still alive.

Every adult should consider having:

• A Medical Power of Attorney
• A HIPAA Authorization
• A Directive to Physicians
• A Financial Power of Attorney

These documents allow trusted people to help manage your healthcare and finances if you are unable to do so yourself.

Without them, loved ones may face delays, legal barriers, and in some cases court proceedings simply to help you.

A Will Is Important. A Trust May Be Better.

Many families believe a will alone keeps things simple.

What many people don't realize is that a will generally still requires a probate proceeding after death.

For some families, that may be entirely appropriate.

For others—especially families with minor children, blended families, real estate, business interests, or concerns about privacy—a trust-based plan may provide additional benefits.

A properly funded trust can:

• Help avoid court and conflict
• Create clearer instructions
• Simplify asset management
• Protect beneficiaries
• Reduce opportunities for conflict

The right plan depends on your goals, your family, and the people you're trying to protect.

The Greatest Gift Is Clarity

During Pride Month, we celebrate the freedom to build families that reflect who we are.  

But protecting those families requires more than love.

It requires clear communication, documented wishes, and a plan that works when your loved ones need it most.

Because when a crisis occurs, the people left behind should be focused on healing, supporting one another, and honoring your wishes—not trying to figure out what those wishes were.

Love deserves recognition. Love also deserves a plan.