Estate Planning Ramifications of Obergefell v. Hodges

Estate Planning Developments for Texas Professionals, Forthcoming

8 Pages Posted: 9 Jul 2016

See all articles by Gerry W. Beyer

Gerry W. Beyer

Texas Tech University School of Law

Date Written: July 2016

Abstract

One year ago, the Supreme Court of the United States handed down its landmark ruling in Obergefell v. Hodges holding that “same-sex couples may exercise the fundamental right to marry.” Since then, an estimated 123,000 same-sex marriages have occurred bringing the total number of same-sex marriages in the United States to almost one-half million. The number of Texas same-sex marriages will be difficult to track because the government does not plan on keeping a separate count of same-sex marriage licenses. Nonetheless, with over three percent of Texans identifying themselves as gay or lesbian, it is of vital importance for estate planners to understand the current and potential future impact of same-sex marriage on estate planning in Texas.

This article provides a summary of the Obergefell decision and discusses potential ramifications including retroactivity with respect to common-law marriages and whether a child born during a same-sex marriage will be deemed the child of both spouses.

Keywords: Texas, estate planning, gay, lesbian, Obergefell, common-law marriage, same-sex marriage, community property, heirship determination

JEL Classification: K11

Suggested Citation

Beyer, Gerry W., Estate Planning Ramifications of Obergefell v. Hodges (July 2016). Estate Planning Developments for Texas Professionals, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2807101

Gerry W. Beyer (Contact Author)

Texas Tech University School of Law ( email )

3311 18th Street
Lubbock, TX 79409-0004
United States
806-834-4270 (Phone)
978-285-7941 (Fax)

HOME PAGE: http://www.ProfessorBeyer.com

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