Updates on Estate Planning for Non-Traditional Families in the Trump Era

Prior to June 26, 2015, it was up to each state whether same-sex couples could marry. Since the landmark Supreme Court ruling recognizing this right at the federal level, there are no legal obstacles to marriage. However, LGBT couples must still evaluate the pros and cons when considering whether to wed. Social stigma and complex family dynamics still play a part in this decision, and same-sex couples often have estate planning needs which are unique to the community.

One of the legacies of the patchwork of legal decisions granting same-sex marriage rights before 2015 is that married couples may have access to benefits that are retroactive, or have otherwise not been realized or captured. In this program, Scott E. Squillace, a Boston-based estate planning attorney, discusses practical estate planning tips for same-sex couples, whether to wed from a legal, tax and financial planning perspective, capturing previously unavailable benefits, and the specter of losing national marriage equality under a new Supreme Court.

Learning Objectives:

1. Achieve a basic understanding of the legal path to marriage equality
2. Gain practical estate planning tips for same sex couples
3. Discuss the pros and cons of marriage from a legal, tax and financial planning perspective
4. Advise clients on the potential “marriage bonus” or “marriage penalty” couples face when filing federal income tax returns
5. Review the various benefits that may be retroactively available to married couples
6. Appreciate the concern within the LGBTQ community that the current administration could set back marriage equality through the Supreme Court