Pennsylvania Same Sex Married Couples No Longer Have to Pay Inheritance Tax

Same Sex Couple

On May 20, 2014, declared that Pennsylvania’s laws banning same sex marriage was unconstitutional.  Besides the practical implication that same sex couples in Pennsylvania may now get married, it also means that when one spouse dies, the survivor can now inherit tax free. Previously, only a heterosexual surviving spouse could inherit assets of the deceased spouse […]

Same Sex Marriage Now Legal In New Jersey

Same Sex Marriage

Effective today, same sex marriage is now legal in New Jersey after Governor Chris Christie dropped his plans to appeal the ruling of Superior Court Judge Mary Jacobson.  On September 27, 2013, Judge Jacobson had ruled that New Jersey must allow same sex marriages in the wake of the Supreme Court’s decision in United States v. Windsor.Previously, […]

IRS Issues Ruling on Tax Filings for Same Sex Couples

tax filings for same sex couples

Yesterday the Internal Revenue Service issued an important ruling in the wake of the Windsor case in which the Supreme Court ruled that the Defense of Marriage Act was unconstitutional.  Specifically the IRS stated that it will recognize all same sex marriages regardless of where the couple was married.  The Supreme Court did not specifically address what would […]

Affect of United States v. Windsor on NJ Same Sex Couples

NJ Same Sex Couples

After scrutinizing the United States v. Windsor decision yesterday a little more thoroughly, it occurs to me that same sex couples in New Jersey are still a state of limbo.  It should be noted that the Supreme Court relied on the fact that the couple in the Windsor case not only were legally married in Canada, but […]

Same Sex Couples Entitled to Unlimited Marital Deduction

Same Sex Couple unlimited marital deduction

In a landmark Supreme Court case today, United States v. Windsor, the Supreme Court ruled that the Defense of Marriage Act (“DOMA”) was unconstitutional.  DOMA was signed into law in 1996 and defined marriage as between a man and a woman for purposes of federal law.  Importantly, this meant that same sex couples could not […]

Same Sex Couple Entitled to Federal Estate Tax Marital Deduction?

Same Sex Couple Entitled to Federal Estate Tax Marital Deduction?

There was a significant court decision back in June of this year regarding the rights of same sex married couples.  The New York Federal Court concluded that the surviving spouse of a same sex married couple is entitled to an unlimited marital deduction for purposes of federal estate taxes.  Windsor v. U.S., 109 AFTR 2d […]

A Comparison of the Pennsylvania and New Jersey Inheritance Tax Laws

A Comparison of the Pennsylvania and New Jersey Inheritance Tax Laws

Some states, including New Jersey and Pennsylvania, have an inheritance tax. Other states, like Florida and New York, do not have an inheritance tax. An inheritance tax is a tax on the person who receives money from a decedent. The inheritance tax rate itself depends upon the relationship between the person receiving the money and […]