Berman & Asbel, LLP

Attorney can help with wills and estate administration

There was a historic decision that was made by the United States Supreme Court. The case of Obergefell v. Hodges paved the way for same-sex partners in all 50 states to have estate planning along with tax and benefits opportunities. There were 13 states, including Pennsylvania that did not recognize same-sex marriages.

The worry of estate taxes is now non-existent. If one of the parties to this type of union dies before the other, there is now equality in dealing with the estate left behind. The couples in this state will have the same advantages that traditional marriage couples have.

The worry of estate taxes is eased. Now, the estate tax regulations for same-sex couples will be the same as traditional couples. The spousal exclusion is a basic planning idea that lets one member of the married couple leave the other member property and assets without paying the daunting estate taxes that have to be paid if you aren't married.

The Supreme Court of the United States, in essence, extended this federal right to all same-sex couples when it made the marriage rights available to all. With the new law in place, same-sex couples now have the right to inherit assets and property under Pennsylvania's state intestacy statute that becomes active if there is no will in place.

If you are a same-sex couple and have no idea what this new law has to do with you, you may want to talk to an attorney who knows about this law and how it affects you and your spouse. Calling in an individual who knows the new law and has the experience in dealing with this type of situation can protect you and your spouse in the future and can give you peace of mind now.

Source: Forbes, "Tax, estate planning, benefits opportunities after supreme court's same-sex marriage decision," Ashlea Ebeling, June 26, 2015

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