The DOMA Ruling on Same Sex Spouses in New York

1
The DOMA Ruling on Same Sex Spouses in New York
2
The DOMA Ruling in New York
3
"Congress has enacted discrete statutes to
regulate the meaning of marriage in order to
further federal policy, but DOMA with a directive
applicable to 1,000 federal statutes and the
whole realm of federal regulations has a far
greater reach.- Justice Anthony Kennedy
4
The ruling has changed the way estate planning is
handled for affluent couples same sex or
otherwise
5
For same sex couples, it means
6
Marital Deductions allow spouses to move as many
assets as they wish to each other with no federal
estate taxes or gift taxes
1
7
No more inheritance taxesabove the tax free
limits
2
8
The Case that Changed EverythingUnited States
v. Windsor
9
Edith Windsor sought a refund for the more than
360,000 in estate taxes following the death of
her partner, Thea Spyer
10
Windsor and Spyer were married in Canada in 2007
11
Spyer died in 2009 and left her entire estate
to Miss Windsor
12
Section three of DOMA barred Windsor as the
executor from claiming the estate tax exemption
for surviving spouses
13
363,000 was paid in estate tax and the IRS
denied Windsor's request for a refund
14
Windsor believed those two provisions in the
definitions of marriage and spouse violated the
Equal Protection Clause of the Constitution
15
Windsor filed a lawsuit and said DOMA violated
the equal protection clause of the Fifth Amendment
16
The clause reads, "No person shall be deprived
of life, liberty or property without the due
process of law.
17
DOMA though contained TWO PROVISIONS
18
One that was directly addressed in Windsor, and
One that was not addressed
19
Both the New York District Court and the Court of
Appeals for the Second Circuit agreed with her
assertations and ordered the tax refund be made
20
Now What?
21
Estate planning lawyers will be working for years
in their efforts of covering the legal bases
22
A few considerations include
23
A few considerations include
24
A few considerations include
25
A few considerations include
26
A few considerations include
27
Want to Know More about Estate Planning for the
GLBT Community In New York?
28
Click to visit www.kobricklaw.com
Click to visit www.kobricklaw.com