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Old 08-19-2012, 04:11 PM
 
637 posts, read 464,465 times
Reputation: 181

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Quote:
Originally Posted by AnUnidentifiedMale View Post
The father was being cruel to both his son and his grandchild. Fortunately, a probate judge will make the final decision - not the mean-spirited, dimwitted homophobes on this forum.

Great example of a hateful parent. And all of you who support the father are hateful too.
How is it fortunate that a probate judge gets to go against the wishes of a testator? You might be for it in this instance, but I get the sneaking suspicion that if the tables were turned, you'd be complaining about how a court was ignoring the testator's explicit instructions...
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Old 08-19-2012, 04:14 PM
 
Location: Palm Springs, CA
26,529 posts, read 24,979,994 times
Reputation: 7739
Quote:
Originally Posted by qr5667 View Post
How is it fortunate that a probate judge gets to go against the wishes of a testator? You might be for it in this instance, but I get the sneaking suspicion that if the tables were turned, you'd be complaining about how a court was ignoring the testator's explicit instructions...
Huh? How would the tables have been turned?

If the father truly didn't approve of his son's homosexuality and didn't want him to have any money, he could have at least put the money in a trust for his grandchild, rather than punish both his son and his grandchild.

Anyone who punishes their grandchild for a parent's homosexuality is just cold-hearted scum.
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Old 08-19-2012, 04:21 PM
 
637 posts, read 464,465 times
Reputation: 181
Quote:
Originally Posted by AnUnidentifiedMale View Post
Huh? How would the tables have been turned?

If the father truly didn't approve of his son's homosexuality and didn't want him to have any money, he could have at least put the money in a trust for his grandchild, rather than punish both his son and his grandchild.

Anyone who punishes their grandchild for a parent's homosexuality is just cold-hearted scum.
That he is cold hearted scum is irrelevant - it's his property and his will, so long as the will doesn't violate the law, courts should enforce it.

He could have, but he didn't - or maybe he just never changed the will, the judge will look at the extrinsic evidence.

How could the tables be turned? Plainly, they could be turned in a case where you support what the will says, the will is legal, but the probate judge invalidates the will anyway. Are you okay with probate judges invalidating legal wills arbitrarily?
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Old 08-19-2012, 04:37 PM
 
Location: Florida
62,728 posts, read 34,194,977 times
Reputation: 10411
Quote:
Originally Posted by AnUnidentifiedMale View Post
Huh? How would the tables have been turned?

If the father truly didn't approve of his son's homosexuality and didn't want him to have any money, he could have at least put the money in a trust for his grandchild, rather than punish both his son and his grandchild.

Anyone who punishes their grandchild for a parent's homosexuality is just cold-hearted scum.
He did leave a trust for the granschild. Strangely, the businessman died in 2007, and in his will he said his son needs to be married to the mother of his child, who wasn't born until years later. The gay son did not get into gay marriage until 2011, or four years after the death of his father. It sounds like his dying wishes were related to future events (his wish for the future of his family) and in 2007 he could not have known his son was going to marry another man.

You can call him "cold-hearted scum", but it doesn't seem like you know anything about the father, the son, or the grandson.

Last edited by Finn_Jarber; 08-19-2012 at 05:34 PM..
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Old 08-19-2012, 05:15 PM
 
14,920 posts, read 11,140,692 times
Reputation: 4828
Quote:
Originally Posted by qr5667 View Post
That he is cold hearted scum is irrelevant - it's his property and his will, so long as the will doesn't violate the law, courts should enforce it.

He could have, but he didn't - or maybe he just never changed the will, the judge will look at the extrinsic evidence.

How could the tables be turned? Plainly, they could be turned in a case where you support what the will says, the will is legal, but the probate judge invalidates the will anyway. Are you okay with probate judges invalidating legal wills arbitrarily?
If anybody can argue effectively and work the courts to get that inheritance for his child, it Robert Mandelbaum. He's a New York State Judge.
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Old 08-19-2012, 06:23 PM
 
2,951 posts, read 2,009,654 times
Reputation: 367
Quote:
Originally Posted by Chava61 View Post
The man is already married to his male partner. So obviously he can't marry the surrogate who helped carry his child.
and because he won't "divorce" (you can't divorce what you never truly married) the thing he "married" he just lost the money case closed.

Unfortunately NY corruption will most likely STEAL the money anyways.
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Old 08-19-2012, 06:37 PM
 
25,631 posts, read 30,341,796 times
Reputation: 23111
Quote:
Originally Posted by AnUnidentifiedMale View Post
Huh? How would the tables have been turned?

If the father truly didn't approve of his son's homosexuality and didn't want him to have any money, he could have at least put the money in a trust for his grandchild, rather than punish both his son and his grandchild.

Anyone who punishes their grandchild for a parent's homosexuality is just cold-hearted scum.
Oh I am sorry Boo hoo hoo..

There is no damn punishment. The dead dude isnt taking anything away from anyone. All he is stating is that if you want my money you blood suckers then follow my wishes. Just because YOU dont like them dosent mean they are cruel and cold hearted.

The son has a choice to make now dosen't he. The fact that he is even contesting it in court tell me something of his high and mighty morals relating to his life style.

Interesting how the preachers of live and let live change their tune when lots of money is invloved.

NO ONE is forcing him to do anything.
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Old 08-19-2012, 06:42 PM
 
Location: planet octupulous is nearing earths atmosphere
13,624 posts, read 11,036,890 times
Reputation: 19974
Quote:
Originally Posted by RobinD69 View Post
Well a will is a will.

and where's there's a will there's always a way
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Old 08-19-2012, 09:30 PM
 
Location: California
30,542 posts, read 33,365,250 times
Reputation: 26015
This sounds more like a problem with the family still living. Grandma doesn't want this grandchild getting anything...that's why there is such a fuss about it. I feel bad for everyone involved because it will destroy the family and over a little bit of money.
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Old 08-19-2012, 09:33 PM
 
Location: Pinal County, Arizona
25,107 posts, read 35,153,725 times
Reputation: 4899
Won't stand in court

U.S. Courts don't enforce these types wills.
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