Open Access. Powered by Scholars. Published by Universities.®

Estates and Trusts Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 2 of 2

Full-Text Articles in Estates and Trusts

Individualized Justice In Disputes Over Dead Bodies, Frances H. Foster Oct 2008

Individualized Justice In Disputes Over Dead Bodies, Frances H. Foster

Vanderbilt Law Review

In February 2007, the world had a ringside seat to a truly macabre fight. Under the glare of television cameras, Anna Nicole Smith's nearest but not dearest' battled in a Florida probate court over custody of her body. The parties agreed on only one point: "Anna Nicole Smith's appearance was a paramount issue to her." Yet, those same parties denied Anna Nicole after death the beauty she prized during life. Because of their protracted legal wrangling, Anna Nicole went to her grave a decomposed corpse in a closed casket. Anna Nicole Smith's tragic fate is by no means unique. For …


Nonmarital Children And Post-Death Parentage: A Different Path For Inheritance Law?, Paula A. Monopoli Jan 2008

Nonmarital Children And Post-Death Parentage: A Different Path For Inheritance Law?, Paula A. Monopoli

Faculty Scholarship

Historically, nonmarital children were treated as “filius nullius,” the child of no one. American jurisprudence has evolved to embrace these children and to err on the side of treating them in the same manner as marital children. Much of inheritance law is concerned with establishing a parent-child relationship in order to determine one’s eligibility to inherit. The 1970s saw several United States Supreme Court cases address the issue of state inheritance statutes that imposed a higher burden on nonmarital children in establishing a parent-child relationship for purposes of inheritance. Some of these state statutes incorporated “surrogate” rules for divining whether …