Georgia Wills, Trusts and Estate Planning Blog

Below is an article from msnbc about gay couples raising and adopting children.  There are only two states that allow gay marriage right now and those are Massachusetts and California.  Non resident couples are flocking to these states to get married and this article gives a few reasons why.  Some just want their children to know their parents are married.  What I find interesting about the article is that even though it isn’t expensive or easy and there is still plenty of opposition from certain groups and individuals, regardless, more gay men than ever are having children together.

 http://www.msnbc.msn.com/id/26075383/

http://www.ajc.com/homefinder/content/homefinder/stories/2008/07/31/altcouplehome_0803.html

 This article was the front page of the AJC’s homefinder section today.  It is an informative story but I also contributed to the story so of course I had to post it.

Lambda Legal has filed a lawsuit on behalf of Janice Lengbehn against a hospital in Miami for mistreatment of the family.  The family was in Miami for a cruise when Lisa Pond suddenly collapsed and was rushed to the hospital.  The hospital denied the partner and the couple’s children visitation until almost 8 hours after Lisa’s death. 

Not to make light of a very serious situation but we have all seen Birdcage.  Miami is usually considered seen as a very gay  friendly city.  This story just goes to show that it doesn’t matter where you are in the world, discrimination is still out there.  And to me, this is discrimination in the cruelest form. 

http://www.lambdalegal.org/news/pr/lambda-legal-sues-florida.html

It isn’t clear from this article whether this couple had any documentation in order to protect their wishes in case a situation like this occurred.  It is especially important for gay and lesbian couples to execute wills and healthcare directives and to have access to these documents quickly in the event of an emergency.  

Sean Connery has taken steps to leave his son nothing when he passes away.

http://www.dailymail.co.uk/femail/article-1038146/Sean-Connery-says-son-wont-inherit-penny-84m-fortune-But-whats-wrong-wanting-pass-have.html

In a historic ruling back in May, the California Supreme Court paved the way for same sex couples to begin getting married.  California counties began issuing marriage licenses to same sex couples on June 16, 2008.  There is a push to try and get a constitutional amendment banning same sex marriage on the ballot for November.  It remains to be seen if this will be successful.  But for now same sex couple all over the United States can get married in California.

I came across this article on FindLaw.  It is the analysis of two attorney’s on why Heath Ledger’s young daughter could stand to inherit everything the late actor owned even though she was not mentioned in his will.  There are two parts.

 I think most people can agree that Ledger’s young daughter was inadvertently left out of his will.  The will was written before she was born and Ledger probably just never got around to updating the document.  As the article states, Ledger’s will that was executed in 2003 puts everything into a trust for his parents and sisters. 

http://writ.news.findlaw.com/grossman/20080512.html

This first part raises some interesting points.  Under American law, a child can not be accidentally disinherited.   Think back to Anna Nicole Smith.  She expressly disinherited any future children, however, her daughter ended up with her estate anyway.  The article also discusses the rights of disinherited children and children born out of wedlock.  Also discussed is what share is Matilda actually entitled to.  The most interesting point to me is the last section.  The question raised is what is the effect of another child of the deceased that was born before the will was executed.  It has been rumored that Ledger fathered a child while he was still in high school.  If this turns out to be true then this case gets really interesting.

Part 2 of 2 is here

 http://writ.news.findlaw.com/commentary/20080513_gans.html

This part discusses which law should govern where the will should be probated and what law should determine the rights of children born after the will and children born to the deceased out of wedlock.  Ledger split his time between New York, California and Australia.  There are good arguments that any of these laws should govern.  Take a look at the article and I will discuss individual issues in later posts.

I thought a link to this New York times article would be the appropriate followup to the Lauren Marie Richardson posts.  Lots of times even when you have your last wishes in writing it still isn’t clear.

http://well.blogs.nytimes.com/2008/05/01/how-clear-are-your-last-wishes/?WT.mc_id=HL-D-I-NYT-MOD-MOD-M043-ROS-0508-L1&WT.mc_ev=click&mkt=HL-D-I-NYT-MOD-MOD-M043-ROS-0508-L1

This article reminded me of two things.  First, an attorney can help explain to you what all the terms means in a Medical Directive.  Meeting with someone and discussing the form is a better indication of your wishes then simply checking the box on your own and signing a form.  Second, its a good idea to review these documents every few years in case you change your mind.  Also, health care is an ever changing field where new treatments are discovered every day.  Take the time to either execute a directive or review your existing documentation.

Here is another recent article on Lauren Richardson:

 http://www.northcountrygazette.org/2008/04/29/in_search_of_justice/

While this story is obviously written by an author that sides with the father, there is a moral to this story.   You as an individual can decide what would happen to you by filling out a simple form.  While the options are not pleasant to think about, at least they would be your wishes.  Personally, I would not want my parent fighting in a courtroom overt my life and posting videos of me in this condition on YouTube.

In Georgia, this form allows you to do several things that are relevant in the Richardson case.   First, it allows you to designate what type of health care treatment you want to receive.   Second, it allows you to name a guardian and/or health care agent.  These can be the same person but they do not have to be.  In Lauren’s case, her mother has been appointed her guardian.  There is really no way to know if that is what Lauren really wanted.  In Georgia, there is an order of preference but anyone can petition the court to be the guardian of another.  If good cause is shown that the proposed ward needs a guardian, then one will be appointed.

At least take the time to look at the form in the Useful Links section of my website and see how simple it is to fill out.  Having this accomplished gives you the ability to make decisions for yourself ahead of time, just in case there ever comes a time that you can’t make those decisions.

As a follow up to my last post, below is a link to a video of Lauren Marie Richardson.  She is a 23 year old woman who is currently the subject of a court battle in Delaware.

http://www.youtube.com/watch?v=I5ZRWn-gE5g

Remember Terry Schiavo? She was the Florida woman who received national attention when her husband and parents engaged in a court battle over her life.  Currently in Delaware, a similar case is making it’s way through the court system.   As you can see from the story, Lauren Richardson is a 23 year old mother, who like Schiavo was, is in a permanent vegetative condition that requires her to have a feeding tube.  However, in this case it is the woman’s parents that are fighting each other for the power to make the decision on whether Lauren lives or dies.  Lauren has been in this state sine August 2006 when she accidently overdosed on heroin.  She was pregnant at the time and did deliver a healthy baby girl.

Lauren’s mother was awarded guardianship by the Delaware court.  It was in these proceedings where she testified that Lauren had stated before the overdose that she would not want to be hooked up to life support and that she would never want to live that way.  Delaware, just like Georgia will honor a “living will” but there is also the Advance Directive for Healthcare.  I will admit that I am not surprised that a 21 year old heroin user did not have an Advance Directive.  However, if your wishes are similar to what Lauren’s mother has expressed for her, an Advance Directive is a way to make you wishes known.  You are the only one who knows whether you want to be hooked up to a feeding tube or whether or not you want certain medical treatments.  Lauren’s condition has caused her parents to be on opposite sides of this courtroom battle and even her parents have different views on what they think Lauren would want.  These parents have had to endure their daughter in this condition while trying to raise their own grandchild.  The Advance Directive is an easy way to get these wishes on paper so there is no question if you are ever in a situation like Lauren.