Are The Kids Alright? Modern and Practical Challenges of Minors in Estates and Trusts
As the family unit and technology change—not always in unison—the rights of children as to estates and trusts have become more complicated, which in turn impacts planning and estate and trust administration. How do we structure appropriate provisions for guardians, custodians, and trustees?
Litigation follows when planning is not adequate. This hotbed of controversy includes: adopted children, stepchildren, descendants unknown to or ignored by the decedent, children not born of a traditional marriage, embryonic children, those conceived or born posthumously, and adopted adults. Controversy can also arise if and when parents have the right to inherit, even if they have abused or abandoned the children.
Session 1: Who(se) Are You?
Advances in assisted reproduction technology and changing social views of how a parent-child relationship is created have come together to change the legal meaning of parentage and the creation of family relationships. A family or the fiduciary might encounter adult adoption, equitable parentage, multiple parents, frozen embryos, or surrogate parenting. We will begin a discussion of how these developments might change our explanations to our clients and the drafting of their instruments.
Professor William P. LaPiana, New York, NY (Moderator)
Gerard G. Brew, Newark, NJ
Bruce Stone, Coral Gables, FL
Recorded on June 23, 2018 in Chicago, IL