James F. McDonough
Of Counsel
732-568-8360 jmcdonough@sh-law.comKey Contacts
Back
This case in Topeka Kansas has been in the news since December 2012. Mr. William Marotta provided sperm for a child conceived through artificial insemination for a lesbian couple. The State of Kansas is seeking to hold Mr. Marotta responsible for child support despite the fact that Mr. Marotta relinquished his parental rights in a written agreement with the couple. The state is taking this step because the mother is no longer able to work and to support the child. [There is a motion pending to remove the Judge and the case appears to have stalled.]
There are two issues that attorneys address with clients in trust and estate planning. One issue is how property should pass in the event of the deaths of designated heirs. Would a testator or grantor of a trust consider the child in Topeka to be an heir? I am certain that other family members would object to the inclusion of a stranger as a beneficiary. This issue is not as remote as one might suspect.
The second issue is whether the interest of a beneficiary in a trust can be subject to levy or attachment in circumstances such as this. Most trust instruments have spendthrift language to block creditors from accessing trust assets. There are, however, several unanswered questions. Is spendthrift language effective against a state seeking to enforce child support? Does the child have the rights of a beneficiary or is the child only a creditor? Perhaps the trust instrument should require that the biological parent to retain parental rights before the child is entitled to distributions from the trust as an heir.
In addition to the foregoing issues, we know that a child can be conceived after the death of the sperm or egg donor. Should a parent or grandparent provide guidance for the trustee or simply rely upon the law of jurisdiction to catch up with science.
There are numerous trust and estate issues that arise from these scenarios and I am certain that we will be paying more attention to the definition of heirs, issue and descendants.
- Practices: Tax and Trusts & Estates
- Locations: Red Bank, NJ, New York City, Little Falls, NJ
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Related Posts
See all
New York NDA Requirements for Businesses
Non-disclosure agreements (NDAs) remain a critical tool for protecting sensitive business information. However, New York NDA requirements have evolved, and businesses must ensure these agreements are carefully drafted to remain enforceable. In a competitive market like New York City, NDAs are commonly used to protect proprietary information, client relationships, and strategic plans. At the same […]
Author: Dan Brecher
New Jersey Will Contest Grounds Explained
How Courts Evaluate Testamentary Capacity and Undue Influence Will contests in New Jersey are difficult to win, given the strong presumption that a properly executed will reflects the testator’s intent. However, challenges based on lack of testamentary capacity and undue influence remain common, particularly where there are concerns about mental capacity or the involvement of […]
Author: Marc J. Comer
Legal Issues Before Bringing on Investors
Bringing on outside investors can provide the capital and strategic support a business needs to grow. However, raising capital also introduces important legal, financial, and operational considerations. Before bringing on investors, businesses should address key legal issues to reduce risk, streamline investor due diligence, and position the company for long-term success. Early preparation signals that […]
Author: Dan Brecher
SECURE 2.0 RMD Planning Strategies
How the Updated Law Shapes Retirement and Estate Planning The SECURE 2.0 Act of 2022 materially reshapes the required minimum distribution (RMD) landscape, extending tax deferral opportunities while accelerating distribution requirements for many beneficiaries. For high-net-worth individuals and families, these changes are not merely technical. They require a reassessment of retirement income strategies, beneficiary planning, […]
Author: Marc J. Comer
Buying Commercial Property in New Jersey: Legal Guide for Small Businesses
Small businesses considering buying commercial property in New Jersey must evaluate a range of legal, financial, and operational factors. While ownership can offer long-term value and control, it also introduces significant risks if not properly structured. This guide outlines key considerations to help New Jersey business owners make informed decisions, minimize legal exposure, and successfully […]
Author: Robert L. Baker, Jr.
The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities
On January 28, 2026, staff of the U.S. Securities and Exchange Commission’s Divisions of Corporation Finance, Investment Management, and Trading and Markets issued a joint statement clarifying how existing federal securities laws apply to tokenized securities. The SEC’s “Statement on Tokenized Securities” does not establish new law, but it does provide greater clarity on the […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.