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Current Events & Hot Topics Current Events & Hot Topics

Gay man adopts his older male partner to avoid Pennsylvania inheritance tax

Posted by on Jun. 28, 2013 at 2:36 PM
  • 8 Replies


Two Pennsylvania lovers, partners for nearly 45 years, have added a new dimension to their relationship.

They’re father and son.

Dismayed by their state’s inheritance tax rules, which levies a 15% tax on unmarried partners but only 4% on parents and children, the men chose to adopt — each other. Banned by Pennsylvania law to marry, John, 65, legally adopted his partner Gregory, 73, they told ABC News. Though older, Gregory is the “son” because John’s father is still alive.

The men asked ABC use only their first names; Gregory’s name has been changed as well.

"It's humorous to me," John told ABC. "Gregory was a high school and college jock. Today, I am making dough for blueberry crostata and he is golfing. You're going to think of him as the dad, rather than me. … But it provided us with some level of comfort that we have protected each other as much as we can."

Though the Supreme Court struck down this week the Defense of Marriage Act on the federal level, Pennsylvania retains a similar law on the state level. Even if the state were to change its laws, the men, now father and son, would not be allowed to marry - the adoption is for life.

"As tremendous as the victory was at the Supreme Court, it was a victory half-finished," Janson Wu, a lawyer for the Boston-based Gay & Lesbian Advocates and Defenders (GLAD) told ABC.

"There are still over 30 states where couples are denied the ability to protect their families," he said. "What you see with [John and Gregory], unfortunately, is what so many couples are still being forced to do. They think of creative ways to ensure protection for each other to make medical decisions and inherit property after one has passed away."

A Silver Spring, Md. couple, partners for 32 years, did the same thing in 2001, according to a Washington Post article then. Since January 1, gay couples can legally marry in Maryland. Thirteen states allow gay marriage while 35 ban it. Two states have no laws one way or the other.

During the adoption hearing, the men answered questions about their relationship under oath. Rare in that it was an adult adoption, the judge asked John why he wanted to adopt Gregory. John told the truth: “It’s our only legal option to protect ourselves from Pennsylvania’s inheritance taxes.”

"Apparently, it was their first adult adoption and I was having great angst over that. [The town we live in] is in the conservative Bible Belt," John told ABC. "What if the judge says no?"

He didn’t.

“Congratulations, it’s a boy,” the judge quipped after he signed the papers.


by on Jun. 28, 2013 at 2:36 PM
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Replies (1-8):
SilverSterling
by MrsSilverusSnape on Jun. 28, 2013 at 2:47 PM
1 mom liked this

legally appoved incest?? YES I went there at least I didnt say

Incest the Game the whole Family can play Brought to you by PorkYourBrother...

In all honestly It is a shame that they had to resort to this I hope PA does the right thing in the future...

supercarp
by Silver Member on Jun. 28, 2013 at 2:53 PM
1 mom liked this

I am in favor of marriage equality. My church accepts LGBT marriages but my state doesn't. Michigan is predominantly Catholic so we will likely be very backward for a long time. Catholics don't care who they harm as long as their outdated beliefs continue.

jadedcynic
by NerdyJen on Jun. 28, 2013 at 3:06 PM
1 mom liked this

I've found that while the Catholic church itself is fairly bigoted, a large majority of the Catholic members themselves are open minded. I lived in a small, mainly Catholic, town on the West Michigan lakeshore and it was one of the most tolerant places I have ever lived.

Quoting supercarp:

I am in favor of marriage equality. My church accepts LGBT marriages but my state doesn't. Michigan is predominantly Catholic so we will likely be very backward for a long time. Catholics don't care who they harm as long as their outdated beliefs continue.


supercarp
by Silver Member on Jun. 28, 2013 at 3:14 PM

 That is basically true. My problem is mainly with Catholic men who will cheat on their wives but are against abortion or having birth control covered by insurance.

Quoting jadedcynic:

I've found that while the Catholic church itself is fairly bigoted, a large majority of the Catholic members themselves are open minded. I lived in a small, mainly Catholic, town on the West Michigan lakeshore and it was one of the most tolerant places I have ever lived.

Quoting supercarp:

I am in favor of marriage equality. My church accepts LGBT marriages but my state doesn't. Michigan is predominantly Catholic so we will likely be very backward for a long time. Catholics don't care who they harm as long as their outdated beliefs continue.



 

Luvnlogic
by Silver Member on Jun. 28, 2013 at 3:18 PM
Haha...PorkYourBrother. ;)

Quoting SilverSterling:

legally appoved incest?? YES I went there at least I didnt say

Incest the Game the whole Family can play Brought to you by PorkYourBrother...

In all honestly It is a shame that they had to resort to this I hope PA does the right thing in the future...

SilverSterling
by MrsSilverusSnape on Jun. 28, 2013 at 3:20 PM

it was bad yes.. Even worse was my Mind went there first and foremost.. *hangs her head* I would hang it in shame but I am not all that ashamed of myself lol

Quoting Luvnlogic:

Haha...PorkYourBrother. ;)

Quoting SilverSterling:

legally appoved incest?? YES I went there at least I didnt say

Incest the Game the whole Family can play Brought to you by PorkYourBrother...

In all honestly It is a shame that they had to resort to this I hope PA does the right thing in the future...


julainepw
by Member on Jun. 28, 2013 at 3:22 PM
I think it is ridiculous that the law would be written in such a way. If there is an inheritance tax it should not matter who you will you money to.
Luvnlogic
by Silver Member on Jun. 28, 2013 at 3:22 PM
No shame in being quick-witted, my friend. Get on with your funny self!

Quoting SilverSterling:

it was bad yes.. Even worse was my Mind went there first and foremost.. *hangs her head* I would hang it in shame but I am not all that ashamed of myself lol

Quoting Luvnlogic:

Haha...PorkYourBrother. ;)



Quoting SilverSterling:

legally appoved incest?? YES I went there at least I didnt say

Incest the Game the whole Family can play Brought to you by PorkYourBrother...

In all honestly It is a shame that they had to resort to this I hope PA does the right thing in the future...


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