Estate Planning for LGBTQ+ Families in Texas: What You Need to Know

If you’re part of the LGBTQ+ community in Texas, estate planning isn’t just a “nice to have.”

It’s often the difference between your wishes being honored—and your life being governed by default laws that don’t reflect your family, your relationships, or your values.

While marriage equality exists, estate planning for LGBTQ+ individuals and families in Texas still requires intentionality. Many laws rely on assumptions about family structure, biology, and decision-making authority that don’t always match real life.

Estate planning is how you replace assumptions with instructions.

This post is adapted from a recent episode of POMpod: The Peace of Mind Podcast, where we talk about estate planning in a way that’s clear, human, and actually useful.

Why Estate Planning Is Different for LGBTQ+ Families in Texas

Texas estate planning laws were largely written with traditional family structures in mind. As a result, default rules often prioritize:

• Biological relationships

• Legal titles over lived relationships

• Narrow definitions of “family”

For LGBTQ+ families, relying on these defaults can leave serious gaps.

Estate planning allows you to clearly define:

• Who your family is

• Who can make medical and financial decisions

• Who should care for your children

• Who inherits your assets

In other words, estate planning ensures the law follows your definition of family—not the other way around.

The Risks of Relying on Default Estate Planning Rules

Many people assume marriage equality automatically provides full legal protection.

Unfortunately, that’s not always true.

Without proper estate planning documents in place:

• Medical providers may default to biological relatives

• Decision-making authority may be unclear in emergencies

• Chosen family members may be excluded

• Non-biological parents may lack legal authority

This doesn’t mean discrimination is guaranteed—but it does mean uncertainty exists. And uncertainty is dangerous during medical crises or sudden loss.

Estate planning removes that ambiguity by clearly stating:

• “This is my spouse.”

• “This is my co-parent.”

• “This is my chosen family.”

• “This is who I trust to make decisions for me.”

Parenting, Legal Parentage, and Guardianship Planning

For LGBTQ+ families with children, estate planning is especially critical.

When one parent is not biologically related to a child, legal recognition matters deeply.

Without proper planning:

• Medical decisions may be questioned

• School or travel authority may be limited

• Guardianship may be unclear in emergencies

Even married couples can face challenges if parentage hasn’t been legally established.

A comprehensive LGBTQ+ estate plan can help by:

• Naming guardians for minor children

• Establishing backup caregivers

• Coordinating with adoption or parentage orders

• Ensuring continuity of care if something happens

This isn’t about fear—it’s about certainty. Children benefit from clarity, and parents deserve peace of mind.

Medical Decision-Making and Chosen Family

Medical emergencies are one of the most vulnerable moments for LGBTQ+ individuals.

Without a Medical Power of Attorney in Texas:

• Hospitals may default to biological relatives

• Partners may have limited access or authority

• Chosen family members may be excluded entirely

This can happen even in long-term, committed relationships.

A Medical Power of Attorney allows you to clearly state:

• Who can receive medical information

• Who can make healthcare decisions

• Who speaks for you if you’re unable to do so

It ensures the people who know you best are the ones advocating for you when it matters most.

Financial Powers of Attorney and Practical Protection

Financial planning is just as important as medical planning.

Without a Financial Power of Attorney:

• Access to bank accounts may be delayed

• Bills may go unpaid

• Court involvement may be required

For LGBTQ+ couples—especially those who have experienced legal uncertainty—this can add unnecessary stress during already difficult moments.

Estate planning helps protect each other not just emotionally, but practically—so daily life can continue even when challenges arise.

Estate Planning as an Act of Affirmation

Estate planning for LGBTQ+ families is more than a legal task—it’s an act of affirmation.

It says:

• “My family is real.”

• “My relationships matter.”

• “My life deserves protection.”

A thoughtful estate plan creates a legal framework that supports the life you’ve built—and that matters.

What a Strong LGBTQ+ Estate Plan Usually Includes

Every family is different, but many LGBTQ+ individuals and families benefit from:

• Medical Power of Attorney

• Financial Power of Attorney

• HIPAA Authorization

• Guardianship planning for children

• A will or trust that reflects their wishes

The goal isn’t complexity. The goal is clarity.

Ready to Take the Next Step?

If you’re part of the LGBTQ+ community in Texas and want clarity around your options, you can schedule a Peace of Mind Planning Session to talk through what protection looks like for your family.

You can also listen to more conversations like this on POMpod: The Peace of Mind Podcast, where we break down estate planning in a way that’s approachable, inclusive, and actually helpful.

There’s no pressure—just guidance, clarity, and respect.