On Wednesday, June 26, 2013, the Supreme Court of the United Status struck down The Defense of Marriage Act of 1996, also known as “DOMA”.

Chiefly, DOMA barred same-sex couples whose marriages are recognized in their home state from receiving Federal Benefits. These federal benefits would otherwise be available to heterosexual couples.

This recent decision by the Supreme Court applies only to states that currently recognize same sex marriage. This ruling does not apply the right to enter into a same-sex marriage to all fifty states.

Since Same-sex marriage is recognized in Massachusetts as a result of a ruling on May 17, 2004, by the Supreme Judicial Court of Massachusetts couples in the state will now reap these new benefits.

Below is a frequently asked questions narrative, which will helps to crystalize some of the issues surrounding this historic ruling.

Q: Can people in gay marriages now receive the same federal benefits as people in opposite-sex marriages?

YES. The Supreme Court declared unconstitutional the sections of the Defense of Marriage Act that denied federal benefits to gay and lesbian couples in states that currently allow such unions.

Q. What types of benefits will same-sex couples be afforded under this recent ruling?

This landmark decision affords same-sex couples a miscellany of federal benefits, which would otherwise be available only to heterosexual couples.

These benefits include the ability to file joint tax returns, jointly apply for subsidies to purchase health insurance coverage through the marketplaces established under the law, claim the maximum estate and marital gift-tax exemption for estate planning purposes, receive the right to be the first party notified of a partner’s injury while serving in combat, be able to receive a tax deduction on dependent employer-sponsored health-care coverage, and many others.

Q: Do today’s rulings mean all states have to allow gay marriage?

NO. The Supreme Court was silent on the issue of the constitutionality of same-sex marriage.

Q: Did the Supreme Court declare same-sex marriage constitutional in California?

NO. The Supreme Court opined that it lacked jurisdiction to consider this issue.
A full copy Wednesday’s opinion can be found here:

http://www.supremecourt.gov/opinions/12pdf/12-307_g2bh.pdf

By Anna Shapiro

Got Estate Planning? Don’t Put It Off Any Further. Here’s Why…

There may be a number of reasons people make the decision to put off estate planning and there may be those who never give it much thought at all. Regardless of your age, your current health or your financial status, estate planning is not something you should put off any further. Estate planning should include a will, living will, power of attorney and a health care proxy along with other documents and directives as they may be necessary for your unique situation. Even if you are just starting out and are in perfect health, you have assets and you surely have an idea of what you would like done with those assets in the event that you are not around or if you are incapacitated in any way. If you have children, you most certainly have some idea of who you would want as a guardian and to look after their assets. If you have not taken any steps to legally declare these wishes, then your wishes will simply mean nothing in the eyes of the court. With how hard you have worked to secure the assets you have, not taking the time to legally and adequately secure estate planning services will mean all of those decisions can very well be left to people you may not even know. Your health could also change on a dime and you could simply be in a position where you are unable to make important decisions for yourself. Having estate planning that includes a health care proxy or living will is essential to being prepared for any unexpected health crisis that may arise, regardless of how young you may be at the moment.

Important Decisions to Consider Now Rather Than Later

When you begin the process of estate planning, you should be certain to address these key questions and concerns. You will want to make clear who inherits your assets and be guardian to any minor children or dependents with special needs. You will also want to make clear who will handle your finances if you are too ill to do so and who will make medical decisions on your behalf. Making your wishes known to a spouse, family member or even friends is simply not enough. Even under the best of circumstances, families tend to break down under duress and family dynamics can get even more complicated when decisions are left to those in the midst of loss, emotional turmoil or change. Even if you feel confident in the fact that loved ones know what your final wishes may be, they still may not be legally or financially able to carry out those wishes if you have not secured comprehensive and adequate estate planning. The first and foremost step to ensuring you, your assets and your loved ones are protected is to meet with an estate planning attorney.

Your Business Could Fail With Lack of Estate Planning

Your assets comprise more than just the amount of money you have in the bank, your home and your car. You assets include any investments, retirement accounts, insurance and perhaps your business enterprise. In Massachusetts and throughout the country, a high number of small businesses fail after the founder or owner suddenly passes away. Current estimates state that nearly 47% of businesses collapse because there is either none or inadequate estate planning in place when leadership changes take place unexpectedly, such as due to the death or incapacitation of the owner or founder. Aside from inadequate legal estate planning, businesses fail during this transition because there is often a lack of assets or funds to deal with estate taxes or settle tax debts. Conflicts with family members, even those who may not be involved in the business, can also lead to a breakdown of even the most successful businesses. For those who have done estate planning, it still may not be up to date or it may be flawed, leaving all you have worked for at risk of failure once you are no longer in control. If you own or operate your own business, it is imperative that you start estate planning or review the estate planning documents you have in place.

Help With Final Wishes

If you or your family wishes to either begin the process of estate planning or you want to ensure you have an adequate amount of protection for the future of your children, your assets or your business, contacting the legal team at the Shapiro Law Group, PC is the right course of action. We are able to help both the family member who’s financial and medical wishes need protecting and families who need assistance in the role of executor of a will, trust or proxy.  With our compassionate team of experts, we are able to handle the sensitive nature of estate planning while ensuring every legal angle is covered for protection of your assets and for your own peace of mind.

By Anna Shapiro

 

Same Sex Couples Face Special Challenges When Divorcing in Massachusetts

While it may seem more and more states are legalizing same sex marriage each year; the actual process and legalities associated with same sex marriage are still in their infancy. As the legal issues surrounding same sex marriage have been brought to the forefront of the family law sector and courts, so have the challenges and legal issues behind same sex divorce. The hard fought battle to win the right to legally marry has naturally been followed by the reality heterosexual couples already contend with—the fact that nearly 50% of all marriages end in divorce. The same trend in marriage viability that has been consistent for heterosexual unions is proving to be a reality for same sex couples; yet there are unique challenges that many may not even realize when it comes to securing a same sex divorce in Massachusetts.

Asset & Property Division Laws in MA

Just as with any divorce, there are unique issues that need to be worked out equitably. Details such as division of assets, financial accounts, insurance coverage, child custody arrangements and other issues should be handled and protected by an experienced legal representative. However, aside from the typical dissolution of marriage decisions, same sex couples have additional roadblocks to reaching a legal, fair and timely end to their union. One legal roadblock in Massachusetts is the residency restriction on divorcing in Massachusetts. If you traveled to Massachusetts to wed because Massachusetts was one of the first states to legalize same sex marriage, you may not be able to obtain a divorce in your current state of residency. If the state you legally reside in now with your spouse, or soon to be ex-spouse, does not recognize same sex marriage, then you may not be able to get divorced there legally. Many may assume they can simply visit Massachusetts and file for divorce just as they visited and filed for a marriage license. However, this isn’t an easy process either. As part of residency restrictions in Massachusetts, you need to live in Massachusetts for one year before filing for divorce. The only exception is if the grounds for divorce took place in the state of Massachusetts. While moving to the state for a year may not be impossible for some, it surely would pose a challenge for most. It would more than likely entail changing jobs, selling a home, renting or buying a new residence, and possibly uprooting children.

Same Sex Benefit Restrictions and Federal Laws

Another unique set of challenges for couples seeking same sex divorce through the Massachusetts family court system is the current fact that the federal government does not recognize any same sex marriage from any state. If one of the soon to be ex-spouses has a federal job, federal pension, or is receiving social security payments, then these payments, benefits or pensions can’t be split, counted as assets in any divorce settlement or considered for alimony. Alimony payments made to an ex-spouse from a same sex union also currently can’t be claimed as a tax deduction as that union is not legal in the eyes of the federal government, therefore the divorce and all finances pertaining to it have no validity.

Benefits to Hiring an Experienced Same Sex Divorce Attorney

While these unique challenges may change over time as more states and perhaps eventually the federal government recognizes same sex marriages and divorces on the same plane, for now the challenges remain for anyone seeking to dissolve a same sex marriage in Massachusetts. The emotional turmoil and upheaval of normal daily life that encompasses any divorce can be overwhelming and challenging in itself. The added legal challenges of same sex divorce can make the entire process all the more traumatic and life-altering.

The skilled, knowledgeable and compassionate representatives at Anna Shapiro, Esq., PC can help couples navigate this new territory and ensure a fair and equitable outcome. While same sex rights and marriages are still evolving, we are able to stay on top of these changes and challenges so you get up to date legal advice and can know what to expect and how best to proceed with a divorce in Massachusetts. With a passion for protecting all of our clients, the legal representatives at Anna Shapiro, Esq., PC can and will pursue the best possible outcome for your unique situation.

By Anna Shapiro, Esq., PC 400 West Cummings Park Suite 3900 Woburn, MA 01801 Office: 339-200-9933 ashapiro@35.202.134.18

Bankruptcy Rate Decline In Massachusetts For 2nd Quarter 2013

As a testament to the continued improvement of the U.S. economy, the bankruptcy rate in Massachusetts for the 2nd quarter of 2013 declined once again. This trend of fewer individuals and businesses declaring bankruptcy has been encouraging across the board. In Massachusetts in 2012, there were a total of 16,100 bankruptcy filings; with most of those being Chapter 7 bankruptcy. From 2011 to 2012, bankruptcy filing was down 14% nationally and 18% in Massachusetts. This downward trend is most definitely continuing into 2013. Already, numbers are down in the first quarter of 2013. Compared to the first quarter of 2012, filings in Massachusetts are down 13% from the same time last year. Every indicator points to a marked decreased in the second quarter also.

There Is a Light at the End of the Tunnel

The decline the last few years has renewed optimism for Massachusetts residents. There are a number of reasons economists and analysts alike have given for this continued trend. One reason that is resonating across the entire country is the drop in the unemployment rate. This simply means more people are back to work and able to avoid the financial pitfalls that lead to filing bankruptcy. A stable housing market in Massachusetts also means more people are able to stay in their homes or sell for an amount that doesn’t necessarily leave them in a deeper financial hole. As the recession continues to improve and consumer confidence grows, more people are gaining back control of their credit card debt rather than feeling helpless as it compounds before their eyes. All of these reasons combined mean a brighter financial picture is forming for all of Massachusetts.

Benefits of Filing For Bankruptcy – A “Fresh Start”

While the declines across the board, nationally and in Massachusetts, are impressive and encouraging, there are still a number of people out there who have reached a point where filing for bankruptcy seems to be the only option left on the table. No individual or business should venture into bankruptcy without a professional legal counsel who specializes in bankruptcy filing in Massachusetts. The entire process from the first inkling that bankruptcy is a viable and sensible solution to the end of the legal avenues involved can be very complex and overwhelming for families and businesses. The complexities themselves can intimidate even the most financially astute citizen. At Anna Shapiro Esq., PC, our compassionate legal team understands that filing for bankruptcy is not a sign of personal failure or an unwillingness to work hard to meet your financial obligations. It is most often a last resort when people feel their most helpless and unsecure about what their future holds. Our firm not only exhibits the compassion and understanding needed to help individuals and businesses navigate the bankruptcy process, but we also ensure each client is fully aware of and understands the legal process and possible long term ramifications of filing bankruptcy in Massachusetts. We can and will handle the court system, outline the eligibility requirements, handle negotiations with those you owe money to and help you maintain control of your situation as best as we possibly can. Before your individual situation becomes more unmanageable or convoluted, let us determine where you stand and what we can do for you. Our help and assistance in determining the best course of action can be the first step to regaining your financial independence and being on the pathway to a secure future.

By Anna Shapiro, Esq., PC 400 West Cummings Park Suite 3900 Woburn, MA 01801 Office: 339-200-9933 ashapiro@35.202.134.18