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
Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand
Owning a residential rental property in New Jersey involves more than finding tenants and collecting rent. Property owners must comply with a combination of state laws, municipal ordinances, building and housing codes, and zoning and land use regulations. These requirements can affect everything from the number of dwelling units permitted at a property to whether […]
Author: Donald M. Pepe
Real Estate Litigation Explained: Top 5 Disputes and How to Avoid Them
The five most common real estate disputes are breach of contract claims, landlord-tenant conflicts, zoning and land use disagreements, construction claims, and boundary disputes. Understanding why each arises, and taking preventive steps early, can help property owners, tenants, developers, and investors avoid costly litigation. Key Takeaways: Real estate transactions are complex endeavors involving numerous parties […]
Author: Paul Grossman
When a Child Turns 18: The Gap in Your Family’s Estate Plan
Once a child turns 18, parents lose the automatic legal authority to make medical and financial decisions on their behalf, even if the child still lives at home or remains on the family’s insurance. Three documents close that gap: a durable power of attorney, a health care proxy or directive, and a HIPAA authorization. For […]
Author: George McGowan
Business Mediation: An Overview and Practical Tips
Business mediation is a confidential, voluntary process in which a neutral third party helps companies negotiate a resolution to a commercial dispute without going to trial. Because working with a mediator is very different from litigating in the courtroom, it is important to understand how commercial mediation works, when it makes sense for your dispute, […]
Author: Paul Grossman
Top 5 Causes Leading to Construction Defect Litigation
The five most common causes of construction defect litigation are design defects, substandard materials, workmanship defects, code violations, and subsurface defects. Because these flaws can compromise a building’s integrity, functionality, or safety, they frequently lead to disputes involving multiple parties and high financial stakes. Key takeaways: What is Construction Defect Litigation? Construction litigation is complex, […]
Author: Paul Grossman
How to Protect Your New Jersey Business When Going through a Divorce
The most effective ways to protect your business in a divorce are put in place before one begins: a prenuptial or postnuptial agreement, clean separation of business and personal finances, and divorce contingencies built into your operating or buy-sell agreements. If divorce is already underway, the priorities shift to establishing how the business is classified […]
Author: Jay McDaniel
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.