Navigating the Complexities of Identity in Today's Legal Landscape

By Kirstin Hawthorne and Stephanie Faris, Attorney

In today’s legal environment, the name and gender that identifies you can make a significant difference—especially when it comes to estate planning. For LGBTQ+ individuals—particularly transgender people and same-sex couples—legal documents that prioritize assigned names or genders over affirmed identities can create unexpected and deeply personal challenges.

As laws and court rulings continue to shift, it’s more important than ever to ensure your legal documents accurately reflect your identity and protect your rights. Without careful planning, recent legislative changes and court decisions can leave LGBTQ+ individuals vulnerable.

The legal rights of LGBTQ+ individuals are evolving rapidly—and not always in a positive direction. Cases like U.S. v. Skrmetti could affect access to transgender healthcare, while state-level proposals such as redefining marriage or introducing “covenant marriages” threaten to roll back protections for same-sex couples. Adoption rights for same-sex couples also vary widely by state and continue to shift. Despite these challenges, there are important legal safeguards still in place. Supreme Court decisions in Obergefell and Windsor affirmed marriage equality, and the Respect for Marriage Act (2022) provided further reinforcement. However, for transgender folx, particularly when dealing with federal identification policies, new barriers may emerge. 

Estate planning is important for everyone—but for the LGBTQ+ community, it can be especially critical. Documents like wills, trusts, powers of attorney, and healthcare directives help ensure your intentions are honored and your loved ones are protected. Without them, families may face legal obstacles or disputes that could have been avoided. For transgender individuals, mismatches between identity documents and legal paperwork can lead to delays, confusion, and even denial of rights—especially in jurisdictions with limited transgender protections. Same-sex couples may also face resistance from family members who do not acknowledge their relationship, making clear documentation essential.

Addressing these challenges starts with thoughtful, inclusive planning. One effective step is to name all beneficiaries clearly. Estate planners assisting LGBTQ+ clients may avoid vague language like “my spouse” or “my children,” and use specific names to reduce ambiguity and potential conflict. While it can be emotionally difficult, they may advise you or your transgender beneficiaries to consider including former names in order to tie together legal records and reduce confusion down the line—as well as contests to your will. This should be a mutual decision between you and your legal advisor, but by including former names can protect your rights and those of your beneficiaries. Trusts can provide added privacy and protection since they don’t go through the public probate process required for wills. If you’re concerned about potential disputes, your estate planning attorney may advise adding a no-contest clause to your will which can deter challenges from those who disagree with your wishes or who do not recognize your beneficiaries.

As legal standards continue to change, it’s important to regularly review your estate plan and update it as needed to reflect your identity and protect your rights—and those of your loved ones. While DIY legal services can be convenient, they often don’t account for the unique and evolving challenges facing the LGBTQ+ community. Working with a knowledgeable attorney ensures your documents are tailored to your needs and compliant with current laws. Being proactive now means peace of mind later. We’re here to support you through every step of that journey, so that you can be confident your wishes will be honored, no matter what the future holds.