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From Test Tube to Testate
As the definition of family becomes increasingly complex, so does the definition of children and further descendants. Who is (and who is not) deemed to be a legal child of a marriage has implications throughout family law. How the law treats adopted children, those born out of wedlock, those born as a result of egg and sperm donation, those born via surrogates and even children conceived after the death of a parent affects support obligations, visitation rights, and often the basic parental rights of heterosexual and same-sex couples. This article addresses the ever-changing definition of children and issue in the context of estate planning and inheritance. (Note: A great deal of the information set forth in this article can be found in Chapter 15 of Adoption and Reproductive Technology Law in Massachusetts entitled Inheritance and Estate Planning Issues for Adoptive and Reproductive Technology Assisted Families authored by Shari A. Levitan, Esq., 625-671 (Susan L. Crockin ed., 2000)).
Who Is One's 'Issue'?
In wills and trusts, it is common for an individual to make a gift to his or her 'issue.' The term 'issue' is meant to include the testator's children and any further descendants, including grandchildren, great grandchildren and so forth. Class gifts such as these are useful because they allow the testator to include descendants born after the date he or she signed the will or trust and remove deceased individuals, all without having to amend his or her estate plan. The challenge associated with using class gifts is that it is often difficult to determine who is included in the class.
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Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
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