Why LGBTQ Estate Planning Is Essential for NYC Families in 2025
If you’re part of the LGBTQ community in New York City, estate planning isn’t just a box to check—it’s a powerful tool to protect the people and future you care about. Despite New York’s reputation as a leader in equality, legal gray areas remain for LGBTQ families—especially for unmarried couples, non-biological parents, and chosen families. This blog is for LGBTQ individuals, couples, and families who want straightforward answers about how recent legal updates impact them, and practical steps for putting strong protections in place. You’ll leave with clear guidance and peace of mind.
Whether you’re married or unmarried, a parent or planning for your chosen family, staying up-to-date on 2025’s legal changes is critical. Here, we break down what’s new in New York law, why documentation matters more than ever, and how to make sure your wishes—and your people—are protected.
What 2025 Legal Changes Should LGBTQ Families Know?
While marriage equality is firmly protected in New York, not every LGBTQ family fits into a traditional mold. Non-married partners, non-biological parents, and chosen families still face challenges when the law hasn’t caught up with lived reality.
What’s new for 2025:
In 2024, New York expanded legal recognition for non-biological and non-adoptive LGBTQ parents. For the first time, there are clearer paths for parentage outside of traditional adoption, especially for families formed through assisted reproduction. However, even with these advances, courts often require proactive paperwork—think second-parent adoptions, joint parenting agreements, or court orders—to avoid disputes or delays in emergencies.
If you’re an LGBTQ parent (or plan to be), treating estate planning as essential—not optional—remains your safest bet. For more tips on appointing guardians, see our guide on choosing your child’s guardian.
Why Is Documentation So Important for Chosen Families?
The law recognizes legal documents, not just relationships. If you want a partner, close friend, or non-blood relative to make medical decisions for you, inherit your assets, or take custody of your children, it must be in writing. Love and loyalty are powerful—but in the eyes of the law, they’re not enough.
Action steps for chosen families and unmarried couples:
- Draft a will or trust specifying who will inherit your property.
- Complete a healthcare proxy and power of attorney, naming your trusted people for medical and financial decisions.
- Review your beneficiaries on life insurance and retirement accounts.
- Consider a second-parent adoption or legal guardianship if you’re a non-biological parent.
Revisit your documents regularly, especially as your relationships evolve or laws change. As you move through life stages—having kids, buying property, or ending a relationship—keep your legal protections up to date. For more on this topic, you might want to read about unique estate planning concerns for LGBTQ families.
What Gaps in Federal Law Can LGBTQ Estate Planning Fix?
Despite progress, federal law still leaves gaps for LGBTQ families. Estate planning is the best way to close them and make sure your wishes are honored.
Common federal gaps:
- Medical access: Without a healthcare proxy, unmarried partners may be barred from hospital rooms or excluded from end-of-life decisions.
- Inheritance: If you’re not legally married, your partner won’t inherit anything without a will or trust—even if you’ve spent decades together.
- Taxes and immigration: Spousal tax breaks and estate tax exemptions typically only apply to legally married couples. Unmarried or non-citizen partners can face higher taxes or lose assets altogether.
Estate planning is your opportunity to fill in these blanks and build legal certainty around your family structure.
2025 Best Practices for LGBTQ Estate Planning in NYC
- Put everything in writing. Legal protections only exist if you make them.
- Work with an attorney experienced in LGBTQ estate planning. NYC law continues to evolve, and your documents should reflect the latest protections.
- Name your people clearly. Don’t assume anyone “just knows” your wishes. List names, not just relationships.
- Keep documents updated. Major life changes? Update your plan.
FAQs
Q: Does marriage equality mean LGBTQ families are fully protected in New York?
A: While marriage equality is strong in NY, legal risks remain for non-married partners, non-biological parents, and chosen families unless you put your wishes in legal documents.
Q: Can my partner make medical decisions for me if we’re not married?
A: Only if you name them as your healthcare proxy in writing. Otherwise, NY law defaults to legal relatives.
Q: What if my chosen family is not related by blood or marriage?
A: The law will not automatically protect chosen family. Clearly naming each person in your estate planning documents is essential.
Ready to Protect Your Family?
At The Village Law Firm, we help LGBTQ families and chosen families throughout NYC build legally sound, personalized estate plans. Book a legal planning session to get started—or reach out if you have questions about your current documents.
