The WINDSOR decision, striking down section 3 of the Defense of Marriage Act (DOMA) as an unconstitutional violation of the Fifth Amendment, had a significant impact on estate planning for same sex couples. The decision results in Estate planning changes in the following areas:
There are many federal and state laws that benefit married couples. Some examples include the right to file joint income tax returns, create a family limited partnership (FLP) under federal tax laws, create a marital life estate trust, receive survivor benefits, receive a share of your deceased spouse’s estate under intestate succession laws and claim the estate tax marital deduction. If you have any questions please give us a call at 408-779-4700.
