Cardozo Public Law, Policy and Ethics Journal
Abstract
The note argues that New York's legal presumption of joint tenancy in joint bank accounts disproportionately burdens same-sex couples, leading to unfair gift and estate tax implications. It advocates for reforming New York's approach to align with the Uniform Probate Code (UPC), which better reflects depositor intent and reduces discrimination. The current system, compounded by federal policies like the Defense of Marriage Act (DOMA), exacerbates financial and emotional hardships for same-sex couples in tax and probate matters.
Disciplines
Civil Rights and Discrimination | Common Law | Estates and Trusts | Jurisprudence | Law | Sexuality and the Law
Recommended Citation
Carolyn Satenberg,
Joint Bank Accounts in New York: Confusion, Discrimination, and the Need for Change,
9
Cardozo Pub. L. Pol’y & Ethics J.
607
(2011).
Available at:
https://larc.cardozo.yu.edu/cplpej/vol9/iss3/5
Included in
Civil Rights and Discrimination Commons, Common Law Commons, Estates and Trusts Commons, Jurisprudence Commons, Sexuality and the Law Commons