From the Office of Eva Clement, Attorney at Law, Asheville, NC 28801. All rights reserved. You are free to share posts from this blog as long as attribution data at bottom of post is included.
Registry of Deeds offices in Western North Carolina began issuing marriage licenses to same sex couples on October 13, 2014, after U.S. District Court Judge Max O. Cogburn Jr.’s ruling that “North Carolina's laws prohibiting same-sex marriage are unconstitutional as a matter of law."
Many same-sex couples that are now legally married have asked how this change in status affects their estate planning documents.
Read MoreThe Supreme Court announced today that they would not hear any same-sex marriage cases in the 2015 term. While this may seem surprising, I think that it is a good strategic move. This decision means that bans on same-sex marriage will be immediately lifted in Indiana, Utah, Oklahoma, Wisconsin, and Virginia. There are 7 other states that this ruling will effect because they lie in the same federal districts. In response to the Supreme Court announcement, the 4th Circuit, which contains North Carolina, Virginia, and Maryland, issued a mandate that Virginia’s ban on same-sex marriages will be lifted as of 1:00 pm today. Hopefully North Carolina will soon follow suit.
Read MoreThe NC Department of Revenue has issued instructions on how same-sex couples should file their 2013 taxes. North Carolina does not currently recognize any same-sex marriages, even if the marriage was performed in a state where same-sex marriage is legal. If you are a same-sex couple with North Carolina residency, the state tax office has deemed that you must prepare a federal return with a filing status of single and then use those figures to file your North Carolina state taxes.
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