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Intestacy Concerns For Same-Sex Couples: How Variations In State Law And Policy Affect Testamentary Wishes, Megan Moser
Intestacy Concerns For Same-Sex Couples: How Variations In State Law And Policy Affect Testamentary Wishes, Megan Moser
Seattle University Law Review
As the number of same-sex couples increases in the United States, concerns regarding the evolution of federal and state law, with respect to rights for same-sex couples, also continue to rise. As marriage is not always available to same-sex couples, they often face very different legal issues than couples in a traditional marriage. Because marriage is typically not a legal cause of action, the question of a marriage’s validity often arises incidentally to another legal question, such as the disposition of a decedent’s estate.
Probable Intent Vs. Certainty: The Missouri Probate Court And The Uniform Probate Code, Stephanie Pierce
Probable Intent Vs. Certainty: The Missouri Probate Court And The Uniform Probate Code, Stephanie Pierce
Missouri Law Review
This Note seeks to address how increasingly complex family situations should impact intestacy statutes. In In re Brockmire, the Supreme Court of Missouri specifically addressed what occurs when a decedent predeceases his biological granddaughter and his biological daughter, who had been adopted as an adult by her stepfather. Unfortunately, the court, bound by statute, was unable to even contemplate a remedy consistent with the probable intent of the decedent.