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Archive for June, 2013

27
Jun

Two Supreme Court Rulings Boost Same-Sex Marriage Rights

On June 26, 2013, the U.S. Supreme Court announced its rulings on two landmark cases related to same-sex marriage. The 5-4 decisions bolster the federal benefits available to same-sex married couples and clear the way for same-sex marriages in California. 

In the first case, the court struck down Section 3 of the Defense of Marriage Act of 1996 (DOMA), which defined marriage as the union of a man and a woman. This case involved a claim by Edith Windsor, who sought a refund from the IRS of the $363,000 in estate taxes she paid because the federal government did not recognize her marriage to her long-time partner and spouse, Thea Spyer. Her suit contended that DOMA violated the principles of equal protection.

 In their written opinion, the court’s majority agreed, stating that DOMA “violates basic due process and equal protection principles applicable to the Federal Government … Its unusual deviation from the tradition of recognizing and accepting state definitions of marriage operates to deprive same-sex couples of the benefits and responsibilities that come with federal recognition of their marriages.”

 The second case, Hollingsworth v. Perry, concerned California’s Proposition 8, which banned same-sex marriage in that state. The justices ruled that the petitioners did not have standing to defend Proposition 8 in federal court. This left in place a lower federal court decision that threw out the ban on gay marriage in California, effectively legalizing same-sex marriage in that state.

 What effect do the rulings have?

In California
The Supreme Court’s decision allows California to resume same-sex marriages. Marriage licenses will be issued once legal details are worked out, most likely by the end of July.

In states that have legalized same-sex marriage
Because the Supreme Court justices struck down Section 3 of DOMA, couples in the 13 states (including California) and the District of Columbia that have legalized same-sex marriage will be allowed to receive federal benefits and protections that were previously available only to opposite-sex married couples.

 Striking down Section 3 of DOMA means that the legal definitions of “marriage” and “spouse” under federal law now include legal unions between same-sex partners as well as opposite-sex partners. The effect of this change is enormous, because more than 1,000 federal laws reference marriage or spousal status.

 The following list details some of the federal benefits or protections that may now be available to legally married same-sex couples:
Social Security survivor’s and spousal benefits
Certain veterans benefits, such as pensions and survivor’s benefits
Lifetime gift tax-free property transfers to spouses
Estate tax relief for surviving spouses
Military spousal benefits
Family medical leave rights
Spousal IRA contributions
Spousal visas for foreign national spouses
Joint filing of federal income taxes
Private pension benefit options (e.g., survivor annuities)
Employer health-care benefits may be received on a pretax basis

In states that have not legalized same-sex marriage
States still retain the authority to define marriage, and some states may choose to continue to define marriage as a legal union between a man and a woman. In other states, same-sex marriage may eventually be legalized. States still do not have to recognize same-sex marriages as legal if they were performed in other states.

Stay tuned
The Supreme Court’s DOMA ruling means that same-sex couples are entitled to the same federal benefits as opposite-sex couples, but it doesn’t necessarily make financial planning for same-sex couples less complicated. For example, even though federal benefits are immediately extended, it may take some time to fully implement the Supreme Court’s decision. Federal government agencies will need to review and modify rules and regulations, and employers will need to review and revise their policies, benefits, and paperwork. In addition, questions remain. It’s unclear if and how the right to federal benefits will be protected when a couple marries in a state where same-sex marriage is legal, then moves to a state where it isn’t. And along with these new protections, same-sex couples will now have new options and obligations that will need to be considered when developing and executing a financial plan.

 The foregoing is provided for information purposes only.  It is not intended or designed to provide legal, accounting, tax, investment or other professional advice.  Such advice requires consideration of individual circumstances.  Before any action is taken based upon this information, it is essential that competent, individual, professional advice be obtained.  JAS Financial Services, LLC is not responsible for any modifications made to this material, or for the accuracy of information provided by other sources.
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14
Jun

Signs of a Housing Recovery?

According to a well-known gauge of the U.S. housing market, home prices have been on an upswing. The latest S&P/Case-Shiller 20-City Composite Home Price Index, which was released in May, posted its biggest gain in seven years. This improvement has spurred renewed optimism about housing’s role in the country’s economic recovery.

What does the latest S&P/Case-Shiller home price index reveal about home prices?
The 20-city index–one of several S&P/Case-Shiller housing indices–showed a 10.9% gain between March 2012 and March 2013, the highest increase since 2006. In addition, all 20 cities tracked by the index had gains for three straight months.

While the numbers certainly give homeowners and real estate investors cause to be optimistic, it’s important to note that not all cities saw the same price increases. Both San Francisco and Phoenix saw large price jumps of more than 20%. However, New York and Boston had smaller gains of 2.6% and 6.7%, respectively.

A June 13th article in the Chicago Tribune June 13th discussed Cook county home prices.  “First-quarter prices of single-family homes in Cook County increased 3.5% from 2012’s first quarter and rose 3.2% from December.”   “…first-quarter condominium prices, while down 5.2% on a year-over-year basis, rose 1% from the end of 2012.”

 What factors are driving the recovery, and what do rising home prices mean for the economy as a whole?
 A variety of factors are driving home prices up, such as low housing inventory, low mortgage rates, and a decline in foreclosures/short sales.

 As for the economy as a whole, rising home prices often serve as an indicator that the economy is performing better since it generally demonstrates increased consumer confidence. And while this latest report is good news for homeowners looking to sell, it also provides welcome news to underwater homeowners who may now see an increase in their home equity.

It is important to note, however, that other economic data–such as the large number of institutional investors buying properties to rent–suggests that there is still a ways to go in terms of a full-fledged housing recovery.

Could this all lead to another housing bubble?
Today’s economic environment is different than the one that led to the housing bubble burst in 2006. Those differences include a tighter mortgage lending environment and houses that are still undervalued at prices that are significantly lower than they were at their 2006 peak.

 

 
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12
Jun

“Simple Ways to Stop Doing Dumb Things with Money”

Carl Richards spoke at a conference I attended this year.  I decided to read his book, “The Behavior Gap – Simple Ways to Stop Doing Dumb Things with Money”.

 The book does not attempt to provide a simple way for people to achieve their financial goals.  It provides observations to show how to avoid doing dumb financial things.  Start by taking “… a deep breath and reflect on past decisions.”  Identify actions you took or did not take that did not turn out as you expected.  Identify how you can make better decisions in the future.

You need to recognize that not every decision will be perfect.  Recognize where you are and where you want to be.  Stay “…in tune with reality, with your goals, and with your values.”  You will need to move forward and recognize what changes are needed to reach your goals.

 Following is a small sampling of key points he makes in the book:

“We can stop chasing fantasies.  We are not going to get what we want by beating the market or picking the perfect investment or designing the perfect bulletproof financial plan.”

 ‘Our assumptions about the future are almost always wrong.”  “…we can take sensible steps to protect ourselves from life’s inevitable surprises.”

 “Your financial decisions should align with what you know about yourself and the world”.

“The process of financial planning is vital” not the financial plan.

“Our objective is “…to do the best we can and move forward. “

 The author does not claim that his ideas are original.  His goals are to clarify or simplify to give the reader the confidence to improve their financial decisions.
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6
Jun

What about Happines?

Most of us do not reflect about what is most important to us.  I was surprised to see this discussed in an article by Jason Hsu, Chief Investment Officer of Research Affiliates.  The last paragraph of the article raises issues we all should consider.  The following is from the last paragraph of the article:

“… We spend our lives working and hoping for a few good, healthy years in retirement. The experts seem to want to tell us that demographics and other economic forces are likely to surprise even those of us who save religiously with a rather austere retirement if not one that is characterized outright by lacks and insufficiencies. I can’t help but think that all this talk about optimizing output and consumption disregards the most important question: What about happiness? There is wisdom in the ancient prescription that happiness is not having what you want but wanting what you have. So love your parents, and love your friends’ parents, too. Love them for their wisdom; love them for their driving-you-mad-by-treating-you-like-a-five-year-old; love them for the free babysitting and house sitting; love them for their frailty, which teaches all of us some humility and humanity. They will live a good long time and lean heavily on us for support and, most of all, for love. And, in turn, we and our children will also be surrounded by love. In that world, there is no rationing but only abundance.”

 

 
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