Wills, Trusts, & Estate Planning › Civil Rights

Estate Planning Alert: New Civil Marriage Law Could Increase Income Tax Costs, May Offer Estate Tax Benefits

On May 14, 2013, Governor Dayton signed a bill modifying Minnesota Statutes Sections 517 and 518. The bill enacts changes in Minnesota's marriage law, effective August 1, 2013....more

The Estate Tax Consequences of the Defense of Marriage Act for Same-Sex Couples

As of January 1, 2013, the Civil Marriage Protection Act legalized same-sex marriage in the State of Maryland. From the estate-planning perspective, the passage of this law clarified many points that had been problematic for...more

Same-Sex Marriage Cases in 90 Seconds [Video]

Jan. 14 (Bloomberg) -- Will the U.S. Supreme Court weigh in on same-sex marriage, or sidestep the issue? Oral arguments are scheduled for March 26th and March 27th. Expect rulings in June. This video, from Bloomberg...more

A New Tort Cause of Action in California Provides Limited Recourse to Protect Inheritances from Wrongdoers

In the 2012 elections, three states (Maine, Maryland, and Washington) legalized gay marriage, and one state (Minnesota) rejected a ballot measure that would have created a state constitutional amendment prohibiting gay...more

Unequal Same-Sex Marriage: Legal Protection for NY Couples

New York began recognizing same-sex marriage in 2011. However, matrimony is not enough to protect your rights. Although same-sex couples are granted the same privileges and obligations as heterosexual partners within New...more

Windsor Upheld

Earlier this year, I discussed the Windsor case wherein a federal district court struck down Section 3 of the Defense of Marriage Act (DOMA), and allowed a marital deduction in the estate of a deceased same-sex spouse for...more

LGBT Discrimination Rampant in Nursing Homes

As individuals and advocacy groups push to advance the rights of LGBT citizens across the nation, a frequently overlooked area is the discrimination that older gay residents can face when they have to check into nursing homes...more

Labor & Employment E-Note - July 2012

In This Issue: - Companies May Get Pension Contribution Break Under New Law - EEOC Warns Firms Against Using Criminal Records to Screen Workers - Technology Raising New Questions on Overtime Pay for...more

Federal Estate Tax Equality for Same-Sex Couples

On June 6, 2012, in Windsor v. United States, U.S. District Judge Barbara Jones in the Southern District of New York granted summary judgment to Edith Windsor and created a precedent that is likely to positively affect...more

Estate Tax Marital Deduction Allowed For Same-Sex Couple

EXECUTIVE SUMMARY: The U.S. District Court for the Southern District of New York has ruled that same-sex couples can take advantage of the estate tax marital deduction provisions of the Internal Revenue Code. This ruling has...more

Power of Attorney Critical for LGBT Couples

If you are a gay, lesbian or unmarried heterosexual couple, have you considered what role you would play in your partner’s healthcare should they become incapacitated and unable to communicate? In critical situations, a...more

The Interest on Lawyers Trust Account Scheme (IOLTA): Could the medical profession get away with fleecing patients in this way?

It is coming on a decade since the U.S. Supreme Court ruled that the IOLTA scheme constitutes a collective taking by the state of the property of clients. Still the scheme continues. Nothing has changed. Why? Charles E....more

Let your estate plan say: “I want to live…forever!”

A brief overview of relevant Arizona law concerning Health Care Powers of Attorney and how the Catholic Faith can be integrated into this type of document as an expression of faith for the client....more

Legal Beagle Newsletter April 2011 Edition

What's going on in your neighborhood? Find out! Read our April Edition of the Legal Beagle to get, "The Good, The Bad and The Ugly" of our local towns and riveting national news....more

New York State Appeals Court Recognizes Canadian Gay Marriage

Article discussion a of a NEw York State appeals court has cleared the way for a same-sex spouse to inherit the estate of his deceased partner. ...more

Same-Sex Marriage

A significant number of states allow same-sex couples to get married, or offer alternative legal arrangements to same-sex couples, providing most or all of the legal rights associated with marriage. However, these states are...more

A Legal Guide for Domestic Partners in Texas

Domestic partners, whether same sex or opposite sex, often inquire about what documents they need in place to ensure that their children are taken care of, their partner is protected, and/or that their wishes are carried out....more

Nursing Home Neglect

NURSING HOME NEGLECT You Have Rights! ...more

Stegeman v Lillig

Appellant's Brief

After three and a half years to file an Appeal, a disabled, pro se litigant, filed the instant Brief. Since the matter had to do with fraud upon the court by officers of the court to obtain rulings in their favors, we really...more

In The Matter Of The Trusts To Be Established In The Matter Of The Estate Of Margaret A. Flood

Order

On July 10, 2009, Judge Patricia Del Bueno Cleary, a Superior Court Judge in Monmouth County, NJ, entered an Order authorizing the Administrator of an intestate estate to establish two Supplemental Benefits Trusts within an...more

What Is Marriage For? No Wonder Americans Weigh It Lightly.

Today Marriage is a hot issue when it comes down to who can legally marry. This document visits several issues in estate planning and death and how marriage applies....more

G.L. v. Division of Medical Assistance and Health Services

Decision and Order

In this case, the applicant’s Medicaid eligibility plan involved making a loan to a relative. The borrowing relative signed a promissory note agreeing to repay the note in monthly installments, including interest. The note...more

Protection of Legal Rights: Protections for Nursing Home, Assisted Living and CCRC Residents

Article Adapted From A Memorandum Of Law

Residents of nursing homes, assisted living facilities and continuing care retirement communities (CCRCs) in New Jersey are provided with statutory protections under both federal and New Jersey state law. This article,...more

Whether in Tennessee, children born-out-of-wedlock are entitled to recover all, some or none of the proceeds of a life insurance...

Whether in Tennessee, children born-out-of-wedlock are entitled to recover all, some or none of the proceeds of a life insurance policy for a deceased parent. Must the child be listed as an intended beneficiary or may the...more

In The Matter Of The Estate Of Leonard Manko

Order

In the Matter of the Estate of Leonard Manko - Order Authorizing Reformation of Testamentary Trust. This Order amended the existing testamentary trust in the will of Leonard Manko to establish a testamentary Supplemental...more