Gay NYC judge challenges father's will

[sinkingfeeling]

http://www.msnbc.msn.com/id/48780911/ns/us_news-life/

NEW YORK — A gay man and his longtime partner decide to become parents using a surrogate mother. Shortly after their son is born, the couple gets married. But there's a catch for this modern family: A will left by the man's wealthy father decrees that he must marry the mother for the child to collect an inheritance.

Mandelbaum has filed a petition on behalf of his now 2-year-old son, Cooper, that argues that a condition that might "induce the beneficiary to enter into a sham marriage of convenience" should be invalid.

Joshua S. Rubenstein, a Manhattan lawyer specializing in estate planning, said decedents have a right to shun possible beneficiaries — whether it's because they have two fathers or because they married someone of a different race or any other reason that might sound unreasonable or even cruel.

"We might all find that repugnant, but it's your property and you can do whatever you want with it," Rubenstein said.

[4th law of robotics]

1. Pretty douchey. But I suppose that is his right.

[Curtland1015]

2. Agreed. Though I don't like it.

It was the assh*le's money.

[catrose]

3. In Louisiana

you can't completely disinherit your child except for the following reasons:
1. If the child has raised his or her hand to strike the parent, or if he or she has actually struck the parent; but a mere threat is not sufficient.
2. If the child has been guilty, towards a parent, of cruelty, of a crime, or grievous injury.
3. If the child has attempted to take away the life of either parent.
4. If the child has accused either parent of any capital crime, except, however, that of high treason.
5. If the child has refused sustenance to a parent, having the means to afford it.
6. If the child has neglected to take care of a parent, become insane.
7. If a child has refused to ransom them when detained in captivity.
8. If the child used any act of violence or coercion to hinder a parent from making a will.
9. If the child has refused to become security for a parent, having the means, in order to take him out of prison. 10. If the son. or daughter, being a minor, marries without the consent of his or her parents. Civil Code, art. 1609-1613. http://legal-dictionary.thefreedictionary.com/Disinherison

I think the minimum amount a child not guilt of these reasons must receive is 1/8 of the estate (1/16 if community property is involved).

Every other state? Disinherit away.

[KamaAina]

5. What child has not raised his or her hand to strike the parent at least once?

Seriesly.

[NaturalHigh]

6. I haven't. Neither have my kids.

Maybe it's just the way I was raised. Your comment really blew my mind.

[NaturalHigh]

4. Well, I think the dad should be able to will his estate to whomever he chooses.

Crap like this always reaffirms my decision to spend every last dime before I die.