Who Gets Special Needs Trust Balance on Death of the Beneficiary?
A special needs trust, of course, is for the primary benefit of the individual with a disability. But what happens on the death of the beneficiary? The trust might spell out its “remainder” beneficiaries — the ones who receive the balance on the death of the disabled beneficiary. But sometimes the trust just says that […]
In Divorce, Who Gets the IVF Embryos?
It might not seem like much of an elder law question at first glance. But among the legal issues posed by advances in technology are those related to heirship, parentage — and ownership of in vitro fertilization (IVF) products. The law has been slow to catch up. Mr. and Mrs. Rich get divorced Melissa and […]
Parentage, and the Late Artist (Formerly) Known as Prince
We wrote last week about the law of parentage, and how Arizona law is evolving in the modern world. Other jurisdictions, and other problems, address related issues. Surprisingly, perhaps, the probate of Prince’s estate sheds light on some of those problems. Prince’s family history As any rock fan of rock music or popular culture knows, […]
Law of Parentage Explored in Arizona Supreme Court Case
When a married woman in Arizona gives birth, her husband is presumed to be the father. The father’s parentage is subject to challenge by, for example, genetic testing — but the presumption is strong. That law is well established, and is similar to laws in most (if not all) of the other American jurisdictions. Arizona’s […]
Arizona Appellate Decision Addresses Interesting Parentage Question
OCTOBER 17, 2016 VOLUME 23 NUMBER 39 Kelly and Sam are a married couple. They want to have a child, but cannot do so together, so they agree that Kelly will undergo artificial insemination. The process is successful, and Kelly delivers a beautiful baby boy, Edward. Does Sam have any duty to support Edward? If […]