The Supreme Courts pending decision on DOMA (The Defense of Marriage Act) could drastically change estate planning for the LGBT community.
DOMA, passed in 1996, defines marriage under federal law as a union between a man and a woman as husband and wife. In addition, DOMA states that a “spouse” may only include a person of the opposite sex. As such, for federal law purposes, there is no recognition of same-sex spouses, even if recognized under state law.
If the Supreme Court declares DOMA unconstitutional it could make over 1,000 federal benefits available to legally married same-sex partners. Anyone who could be affected by the outcome of this case should contact Charles Bratton, Estate Planning Attorney, to make any necessary changes to your estate plan.