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Posts Tagged ‘marriage’

IRS and Medicare Will Recognize All Same-Sex Marriages

The U.S. Department of the Treasury and the Internal Revenue Service (IRS) has ruled that same-sex couples, legally married in jurisdictions that recognize their marriages, will be treated as married for federal tax purposes. The ruling applies regardless of whether the couple lives in a jurisdiction that recognizes same-sex marriage or a jurisdiction that does not recognize same-sex marriage. A press release by the Treasury Department says that the Department and the IRS will use a “place of celebration” rule in recognizing same-sex unions (recognition that was illegal before the Supreme Court struck down part of the Defense of Marriage…

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Finding love later in life may be unexpected and exciting, but should it lead to marriage?

The considerations are much different for an older couple with adult children and retirement plans than for a young couple just starting out. Before deciding whether to get married or just live together, you need to look at your estate plan, your Social Security benefits, and your potential long-term care needs, among other things. Whatever you decide to do, you may want to consult a lawyer to make sure your wishes will be carried out. Here are some things to think about: Estate Planning. Getting married can have a big effect on your estate plan. Even if you don't include…

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Potential Portability Problems

Wealthy individuals in the U.S. will find it easier to cut their estate-tax bill as a result of a provision for using their deceased spouses’ exemption credit.

As more and more people marry more than once, prenuptial agreements have become an important estate planning tool.

Marriage is a tricky institution, enough so to feed a thriving business for therapists and prime-time sitcoms alike. Re-marriage can be even trickier, especially when it comes to your estate planning. If you are considering re-marriage, you may be well advised to also consider a prenuptial agreement. Though it may not seem the most romantic gesture, a prenuptial agreement is simply an honest disclosure of both parties’ assets and agreement as to their distribution should the union dissolve, or at the death of either spouse. Enter re-marriage without one at your own risk – or that of your estate. Without…

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Taxes, estate planning, and other financial issues are becoming increasingly complex for both gay and straight unmarried couples.

Unmarried couples are a growing part of our population, and with them the growing controversy over their legal rights as couples. If the government doesn't recognize a relationship, taxes, estate planning, buying property, and dividing assets after a breakup all get messier—and pricier. And, as Bloomberg Businessweek recently pointed out, the number of unmarried cohabiting couples has surged, meaning millions more Americans, gay and straight, are facing these issues. The U.S. Census Bureau estimates 7.5 million heterosexual couples and 620,000 same-sex couples lived together in 2010, compared with 6.7 million heterosexual couples and 476,000 same-sex couples in 2009. The lack…

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Can widow of retired USAF receive money from the VA, if she was not married at time of service?

Being married during service is not relevant.  However, widow must be married to veteran for at least one year or have had a child by him if married less than one; living with him throughout the marriage and at the time of death to qualify for either pension or DIC. To increase your monthly income, please contact us about a FREE VA benefits HANDBOOK, written by David Wingate, an accredited VA Attorney, of Senior Life Care Planning, LLC, go to info@seniorlcp.com or if you require additional information about VA Benefits, visit our Maryland Veterans Benefits website. Please review our Blog…

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The number of unmarried couples is on the rise, and with them a myriad of legal snarls and entanglements.

The number of unmarried couples is on the rise, and with them a myriad of legal snarls and entanglements. In fact, if you are not married to your partner, but have shared assets or living arrangements, the Wall Street Journal article says you may experience a sort of (un)marriage penalty. According to the Census Bureau, the number of opposite-sex unmarried couples living together in the U.S. jumped some 13% in 2010 from the previous year, to about 7.5 million. The bureau also estimates the number of same-sex couples living together rose roughly 30 percent, to about 620,000 this year from…

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Avoiding Conflicts Involving the House with a Premarital Agreement

One area where it is crucial to make sure the premarital agreement is integrated with the estate plan is with regard to the residence. For example, while many premarital agreements provide that the surviving spouse may remain in the residence, the house may be in a revocable living trust that goes directly to the children. To avoid such conflicts, Ganderson tries to have the estate plan completed before the marriage. One option for clients who want to allow a surviving spouse to continue to reside in the home is for the wealthy spouse to set up a trust to provide…

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Premarital Agrrement

A client who is considering a second (or third or more) marriage often has more complicated estate planning needs than a single client or a client who has been married only once. A premarital agreement can be key to protecting a client's assets, but the attorney must make sure the agreement is integrated with the client's estate plan. At the National Academy of Elder Law Attorneys' 2010 Elder and Special Needs Law Annual Meeting in Orlando, Florida, earlier this year, Virginia estate planning attorney Martin J. Ganderson discussed how to plan for a second marriage and outlined the various estate…

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