Federal lawsuit challenges Defense of Marriage Act and seeks refund of estate taxes paid by same-sex widow: FREE DOWNLOAD - Complaint

Edith "Edie" Windsor, who, in 2007, married the late Thea Spyer in Canada, recently sued the federal government, challenging the payment of more than $350,000 in federal taxes on Spyer's estate - fees that heterosexual widows are generally exempt from. The lawsuit challenges the Defense...

Recent Estate Planning Updates For Same Sex Couples

It was a big week for same sex couples with several huge stories with a potential impact on estate planning for same sex couples. At the federal level was President Obama's announcement on February 23, 2011 that the Department of Justice will no longer defend the constitutionality of DOMA...

Asbury Law Firm: District Court: Estate Tax Marital Deduction Triggers Unconstitutional Ruling on DOMA

In a case that began with a claim for a refund of estate taxes paid, Judge Barbara S. Jones of the Southern District of New York ruled that the Defense of Marriage Act (DOMA) is unconstitutional under the Equal Protection Clause of the 5th Amendment. Edie Windsor and Thea Spyer were a couple for over...