Brilliant!
We must be wise as serpents, and innocent as doves.
The only way to kill the beast is to starve it.
My brother thought of this years ago. As marriage becomes a joke, you make use of it to your advantage. Other things would be covered like medical insurance (your 95 year old grandparent/spouse would not get death paneled, but full care on your insurance).
Won’t the estate pass to the surviving spouse intact?
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Social Security benefits, too.
Wouldn’t the court have to invalidate incest laws first? Now logically the exact same arguments used to legitimize same sex marriage would do just that, but if the court’s two recent decisions show anything they show that logic has nothing to do with it. It’s about the justices feelings.
I’ve heard this argument before and I think it is a very valid on. What will be interesting to see is how the IRS and then the Congress reacts when such a case actually exists.
I predict that it will be very ‘enlightening’.
And if this ruling is extended to polygamy then Gradma could just marry the whole family as they came of age and the whole idea of death taxes would have to be reworked. Why not just set up a family trust or do like the uber rich a do a foundation?
No estate lawyer in his right mind would advise a client to marry her granddaughter in order to pass property without being subject to the estate tax. Even if the logic from Friday’s Supreme Court decision could be used to invalidate incestuous marriages, there would be a HUGE risk that a court would not do so, and an estate lawyer’s number one job is to eliminate risk.
Besides, there are far better ways to structure an estate to get around estate taxes, using trusts and the like.
The argument has already been made. Massachusetts General Law prohibits a son from marrying his mother, a father his daughter, a grandmother from marrying her grandson and other forms and levels of consanguinity. There is no prohibition against a grandfather marrying his grandson or his son.
A couple of years ago, a caller to Howie Carr, who identified himself as an estate planning attorney said he felt obliged to point this out to clients, since it would allow them to pass on estates and bypass Massachusetts’ estate taxes. The Federal DOM act was in force in those days, and the Federal government did not recognize same sex marriage.
This is the unintended consequences that many of our legal eagles have warned us about. Pandora's box is open. At some-point will all your Facebook friends with the flag colors in the background see this, the various forms of Polygamy to follow and things so icke that you will have throw up in your mouth and will they finally realize they screwed up big time?
Again I say, we didn't need Gay Marriage, we needed a Flat Tax with things like no Inheritance Tax.....
Bump.
With gay marriage legal there should be no doubt that a brother can marry a brother or sister can marry a sister.
Incest laws protect the innocent victim and guard against any genetic problems, correct?
Gay marriage of consenting, related adults have none of that baggage.
Will state incest laws need to be re-written to protect the government from citizen state/federal government described ‘entitlement’ grab?
There’s lots of ‘property rights’ wrapped up in a government marriage contract. If any and all can be married to each other, the government is going to gain less property, something the government has been accustomed to be entitled to.