Family Law Practice Group: Estate Planning and Elder Law

The laws impacting LGBT people across the United States could hardly be more diverse. Same-sex couples in Massachusetts can get married, while Virginia’s legislature passed a law that purports to ban even “partnership contracts” for gay and lesbian couples. The panel will survey the tax implications of the many forms of government recognition offered to same-sex couples across the nation.

Specifically in California, with the advent of joint filing for registered domestic partners in California, the tax situation for RDP’s has become even more complex. RDP’s must file their state returns as married couples would, but their federal filing status remains “single.” The IRS has been reluctant to clarify the role that RDP community property will play in federal estate and gift tax questions. The panel will discuss how the disparity between the federal and state treatment across the nation.


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