Why Race, Identity, and Sexuality Matter in Your Estate Plan

Estate planning is usually thought of as managing finances and deciding who gets what after death. However, for people whose identities involve race, sexuality, and gender, it can be more complicated. Intersectionality—the idea that different parts of a person’s identity (like race, gender, and sexuality) combine to create unique experiences—plays a big role in how estate plans should be made.

For people from marginalized groups, estate planning often involves more challenges. These challenges may include fighting against inequalities, making sure non-traditional family members are recognized, and dealing with biases in wealth distribution. In this article, we’ll look at how these issues come together in estate planning and how to address them thoughtfully.

Understanding Intersectionality in Estate Planning

The term “intersectionality” was created by legal scholar Kimberlé Crenshaw. It explains how different forms of discrimination (like racism and sexism) overlap and make situations more complex. In estate planning, this means that people with multiple marginalized identities face extra barriers when securing and protecting their assets.

For example:

• People of color may face financial discrimination and historically have been excluded from wealth-building opportunities.
• LGBTQ+ individuals may encounter legal challenges, such as ensuring chosen family members can inherit property or make healthcare decisions.
• Women and gender-nonconforming individuals may experience bias when trying to access financial resources or make family decisions.

When these identities overlap, estate planning becomes even more complicated and requires careful consideration.

Key Challenges of Intersectionality in Estate Planning

1. Wealth Disparities
   • Systemic racism has created large wealth gaps, particularly for Black and Indigenous communities, making estate planning seem out of reach for many.
   • LGBTQ+ people, especially those of color, often deal with financial instability and lack access to legal resources.
2. Cultural and Familial Expectations
   • In some communities, estate planning isn’t just about money but also about honoring traditions. However, these traditions may conflict with a person’s sexual or gender identity.
   • Balancing cultural expectations with the need to protect chosen family members can be difficult.
3. Legal and Social Recognition
   • Not all relationships are legally recognized, especially for non-married partners and chosen families, which are common in LGBTQ+ and marginalized communities.
   • Without proper legal documents, these relationships may be overlooked in estate planning.
4. Discrimination in Legal and Financial Systems
   • Bias in the legal and financial systems can make estate planning harder for people with multiple marginalized identities.

Steps to Address Intersectionality in Estate Planning

• Work with Inclusive Professionals: Find estate planning professionals who understand and respect your cultural, racial, and identity-based concerns.
• Include Chosen Family: Make sure your chosen family members are included in your estate plan through legal documents like wills and healthcare proxies.
• Address Wealth Disparities: Even if you don’t have many assets, it’s important to protect what you do have. Consider low-cost legal services to help with estate planning.
• Honor Cultural and Identity-Based Wishes: Make sure your estate plan reflects your personal identity and cultural traditions, such as how you want to be remembered.
• Plan for Healthcare Decisions: Be clear about your healthcare wishes and designate someone to make decisions for you if necessary, ensuring your identity is respected.

Conclusion

‍Estate planning goes beyond just finances. For individuals with intersecting identities, it’s about protecting your legacy and making sure your wishes are respected. By addressing the challenges of race, identity, and sexuality, you can create a personalized plan that reflects your values and relationships. This process helps secure your future and honors your life in all its complexity.