Week 6 Class Notes - Test 1 Flashcards
- Is a will for a same-sex spouse effective?
- Is a will for a grandchild-heir effective?
- Is a will with the heir of a donor in artificial insemination effective?
- Yes.
- Yes, with the right steps.
- Maybe.
Same-sex marriage is a (1) recognized marriage btween two people of the same sex. (2) was the first to talk about it. Other states worried about having to (3)–thus (4).
- legally
- Hawaii
- recognize it
- Defense of Marriage Act
Some states legalized same-sex marriage by (1), by (2), or by (3). Some ban it by (4) or (5).
- judicial decision (unconsitutionality)
- legislation
- popular vote
- constitution
- statute
Section 3 of DOMA was declared unconstitutional because you cannot (1). Section 2, which (2), was declared ok.
- discriminate for the sake of protections (Windsor)
2. allows states to deny recognition of marriage in other states
As far as controversial issues go, the only things affected in probate are (1) and (2). This latter problem comes up because (3).
- intestate distribution (e.g., natural heirs)
- taxes (Windsor case involved this)
- the taxes are federal, and federal taxes > state law
Civil unions and domestic partnerships are not only for (1). They give (2).
- same-sex couples
2. some rights (sans marriage)
A civil union is a (1) of a (2). It is NOT (3).
- legal recognition
- marriage-like relationship
- portable state-to-state
A domestic partnership is a (1) between two individuals who (2) but are not (3).
- legal relationship
- live together and share domestic life
- legally bound (as in civil union/marriage)
Some rights conferred by any union can be (1). Joint Property with Right of Survivorship is an example–sans union, this can’t happen via (2).
- drafted into documents
2. community property
Regarding grandparents raising grandchildren, medical decisions can be made only if (1). (2) has made verbal oks difficult. There are regulations against allowing grandparnets to (3). The grandchild can inherit according to the will but does not obtain (4).
- documentation has been done
- HIPPA
- enroll grandchildren in school/receive report cards
- status of child (will inherit as grandchild if per stirpes)
(1) is a “legal fiction” in which courts “say” the grandparent adopted the grandchild for the sake of fairness. Allows the child to be (2) Does not work for (3)!
- Equitable adoption
- raised to child status for intestacy proceedings
- stepchildren
All controversial will issues are non-issues as far as the (1) is concerned. Only becomes a problem if (2)
- court
2. someone complains
Post mortem conception usually involves (1), (2) or (3). There are provisions for those who (4), (5), and (6) against the estate. Usually done for (7).
- cancer patients
- athletes
- military
- obtain the sperm/eggs
- give birth
- make a timely claim (before the estate is closed)
- social security benefits
