In June 2022, the United States Supreme Court ruling, Dobbs vs. Jackson Women’s Health Organization, terminated decades of constitutional protection of access to abortion. Many people have since expressed fear that this ruling will impact the rights of LGBTQ people. The concern arises, in part, from Justice Clarence Thomas’ concurring opinion in which he stated …
The marital relationship has wide-ranging impact throughout the legal world. Inheritance, creditor liability, personal liability, tax liability, employment benefits, Medicaid benefits, social security benefits—to name but a few—are all impacted by one’s marital status. Providing appropriate legal advice can depend on knowing the marital status of a client and the beginning date of marriage. The …
Texas provides a number of robust protections for the surviving spouse both during and following the probate of the deceased spouse’s estate. You can read more about this in my article on the topic recently published in the Texas Bar Journal. Questions? Feel free to contact me.
A recent story in the New York Times featured a discussion on the use of trusts in estate planning. The article touches on some of the benefits of a trust, including the use of revocable trusts to avoid probate and to maintain privacy. Trusts serve a variety of functions, including those cited above. Since everyone’s …
Use of Trusts and Revocable Trusts in Estate Planning Read More »
Texas is one of a relatively few states that continues to recognize common law marriage. Because marital status determines division of property upon death, whether you and your partner are in a common law marriage will impact your estate plan and the division of assets upon death. What is Common Law Marriage? There is a …
A number of people have expressed concern about the future of marriage equality following Trump’s election. According to the civil rights group, NCLR, “there is no realistic possibility that anyone’s marriage will be invalidated.” The organization further explained: “For individuals who are not currently married but who may wish to marry in the future, it is …
Marriage Equality in the Aftermath of the Trump Election Read More »
The United States Supreme Court resolved the question of whether same-sex couples can marry. But the question of whether a couple is married and, if so, the beginning date of the marriage is more complicated. For example, in February 2004, San Francisco began issuing marriage licenses to same sex couples in spite of the state’s …
Are you Married? Are You Sure? Post Marriage Equality Caveats Read More »
Since the Supreme Court ruling on marriage in June, I have been working with several other attorneys on getting the Department of State Health Services (DSHS) to update their policies to make them consistent with those of opposite-sex couples with regard to vital records, including birth certificates and death certificates. In August, DSHS released new regulations allowing …
DSHS Announces Equal Policies for Vital Records, Birth Certificates Read More »
While the recent Supreme Court decision extending marriage equality nationwide marks a monumental step forward for equality, it by no means resolves all legal issues related to same-sex families. In fact, because same-sex marriage is relatively new to the country and brand new to Texas, there are still many legal issues that remain to be resolved.
On Friday June 26, the United States Supreme Court ruled that a state’s prohibition of marriage among same-sex couples violates the United States Constitution. The ruling found prohibitions on same-sex marriage to violate principles of equal protection and the fundamental right to marriage. While the decision marks a monumental step forward for equality, it by …
Frequently Asked Questions about Marriage Equality in Texas Read More »
