Two landmark court decisions last week opened new doors for
non-traditional couples. And estate planning for such couples will never
be the same.
The Supreme Court ruled that the Defense of
Marriage Act (DOMA) violates the Fifth Amendment, by denying Federal
benefits and programs enjoyed by opposite-sex couples to gays and
lesbians who are legally married in their states. Gay and lesbian
spouses cannot get tax-free health benefits from employers. They can't
file joint federal tax returns. They're not recognized for insurance
benefits or Social Security, nor the marital estate tax exemption.
The
court's decision says that DOMA unconstitutionally denied Edith Windsor
an exemption from federal estate taxes on her wife's estate, even
though New York State, where she lives, recognizes same-sex marriage.
This decision affirms the rights of same-sex couples in the eleven other
states (and D.C.) that have legalized same-sex marriages. (Florida, of
course, hasn't.)
DOMA, enacted in 1996, defines marriage for federal law purposes as the legal union of one man and one woman.
In
another important case, the Supreme Court refused to rule on a same-sex
marriage ban approved by California voters in 2008. Instead, they sent
the case back to a federal district court there - which had already
barred the state from enforcing the law.
Statistics don't
lie...momentum is on the side of same-sex couples. Nearly a third of
Americans live in states with legalized same-sex marriage. In the latest
Pew Research Center survey, 72% of Americans called legalization
"inevitable." And several more states may adopt legislation soon.
Estate
planning for non-traditional couples has always been tricky. And now
that the rules of the game are changing, it's even trickier.
If you're part of a non-traditional couple, you've probably got a lot of questions. We can answer them.
At The Law Offices of Alice Reiter Fled, we've been addressing estate planning problems for South Florida families - all types of families - for
the past 34 years. And we've helped them secure their futures, and
their wishes...with comprehensive estate planning, wills, trusts, powers
of attorney, long-term care planning, asset-protection plans, and
assistance with Medicaid and the VA.
No matter what type of family you're in, we can help. And we're just a phone call away.
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