Monday, July 27, 2015

Employers: Gear Up for Changes in Treatment of Same-Sex Spouses After Supreme Court Ruling

by Adair M. Buckner, Esq.

The United States Supreme Court issued its landmark ruling Friday, June 26, 2015, in Obergefell v. Hodges, holding that the U.S. Constitution guarantees a right to same-sex marriage. Read the Court's full opinion here.

Writing for the majority, Justice Anthony Kennedy wrote that the 14th Amendment requires a state to license a marriage between two people of the same sex, and that the U.S. Constitution does not permit states to bar same-sex couples from marriage. This ruling, coupled with the U. S. Supreme Court ruling in 2013 in United States v. Windsor, that the portion of the Defense of Marriage Act (DOMA) which denied recognition of marital status to couples of the same sex under federal law was unconstitutional, will mean broad changes in employment-related treatment of same-sex spouses.

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Monday, March 16, 2015

Ignorance Isn't Bliss: Not Knowing the Medicaid Rules Can Cost You

by Misty Clark Vantrease, Esq.

The meeting began like so many before, but I soon realized that this one would be one that would stick with me. Judy had made the heartbreaking decision two years ago to place her husband in a nursing home. He had advancing dementia and she had cared for him as long as she could at home. She put him in a nice, clean place close to her so that she could see him as often as possible.

Although she didn't drive (she'd never learned), kind friends and church members would take her to see her ailing husband almost every day. They had married over 60 years before, and her tender words about him showed she was still head over heels for him.

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Thursday, August 28, 2014

Clark v. Rameker and the Inherited IRA

by William W. Erhart, Esq.

As you also know, for most Americans, the largest asset we typically have is our house, but the second largest asset we typically have is our qualified retirement plan, such as an IRA.

We do not usually have to worry too much about our own IRAs with regard to asset protection. Qualified retirement plans, for the most part are exempt from the execution process. That means that judgment creditors cannot attach IRAs if we are unfortunate enough to have a car accident or get otherwise sued and have a judgment against us.

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