Blog & Resources

Many people believe that if they are married without children, there is no need for a Will. They believe that if they die, all their assets will pass to their spouse. In New Jersey, that may not be true.

First let me give you some background. If you die a resident of New Jersey without having signed a Will, you are “intestate”, and the New Jersey Rules of Intestacy dictate who inherits your Probate Assets.

If you are a member of the LGBT community in Pennsylvania with a will, following your death your executor will take your death certificate, the original copy of your will, a checkbook and an ID card to the Register of Wills Office to be sworn in as the executor of your estate.

Being an executor means that this person is a fiduciary with many responsibilities and duties. Selecting the correct person for the job is a vital part of your estate plan.

Marriage is supposed to be for love and planning the wedding can be exciting, but take a few minutes and think about the less-fun aspects of your upcoming marriage such as the income tax ramifications. By spending some time thinking through various tax implications you just might have a happier…and more profitable…marriage.

Governor Chris Christie’s announcement on October 21, 2013 that he would not pursue an appeal of the New Jersey superior Court decision in Garden Stat Equality v. Dow means that same-sex marriage is here to stay in New Jersey. This means a same-sex marriage will result in the same tax treatment both with the IRS and with the New Jersey Division of Taxation. Equality is finally here, but some tax aspects of the equal treatment are advantageous and some are disadvantageous.

Marriage is supposed to be for love and planning the wedding can be exciting, but take a few minutes and think about the less-fun aspects of your upcoming marriage such as the income tax ramifications. By spending some time thinking through various tax implications you just might have a happier …and more profitable… marriage.

Governor Tom Corbett’s announcement in May of 2014 that he will not pursue an appeal of U.S. District Judge John Jones’ decision in Whitewood v. Wolf means that same-sex marriage is here to stay in Pennsylvania. This means a same-sex marriage will result in the same tax treatment both with the IRS and with the Pennsylvania Department of Revenue. Equality is finally here, but some tax aspects of the equal treatment are advantageous and some are disadvantageous.

After the landmark U.S. Supreme Court decision in United States v. Windsor, which found unconstitutional the portion of the Defense of Marriage Act (“DOMA”) that defined “marriage” as a union between a man and woman, and “spouse” as only a person of the opposite sex, and the decision in Garden State Equality v. Dow, where the New Jersey courts found that the New Jersey Constitution required same sex marriage, New Jersey residents can enter into same-sex marriages and same-sex marriages from other states will be recognized as valid in New Jersey.

In Pennsylvania if a person dies without a will his or her assets are divided up under the Pennsylvania intestacy rules. If you are married without children all your assets pass to your surviving spouse. If you are married but have children your spouse does not receive everything. Pennsylvania presumes that if a deceased person without a will had children, then some of the assets should pass to the children.

Governor Tom Corbett’s announcement in May of 2014 that he will not pursue an appeal of U.S. District Judge John Jones’ decision in Whitewood v. Wolf means that same-sex marriage is legal and here to stay in Pennsylvania. What does this mean for the estate planning same sex couples who choose to marry?