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Old 08-21-2012, 07:24 AM
 
16,431 posts, read 22,204,998 times
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Quote:
Originally Posted by TriMT7 View Post
It's what.... 1/3 of 180k? That he put in TRUST for his very much adult children? Talk about micromanaging from the grave. I could see if it was 18 million!


What he did was set up his estate for protracted litigation that will drain the assets of the estate.
OK, if you don't need it, I'll take it. I qualify.
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Old 08-21-2012, 07:30 AM
 
69,368 posts, read 64,128,317 times
Reputation: 9383
Quote:
Originally Posted by TriMT7 View Post
Oh lord.

If a person is DEAD, there's an exception to the hearsay exclusion!

Natural and adopted children are not any different under the law and not an issue. The issue is MARRIAGE, and he's perfectly within his limit to say that his children must be married prior to receiving an estate because its HIS money. We hear this non stop from left wing kooks who justify taxing the estates as "new wealth".

WRONG. Because he would STILL be making his gift contingent upon the wishes of ANOTHER PERSON NOT INTERESTED IN THE ESTATE! The MOTHER (whoever that is) cannot be FORCED into a sham marriage!

Who IS the mother of the child in this or any other situation? Was she a surrogate who had another woman's eggs transplanted into her womb? If so, she's not really the "mother," is she? Can they identify whose eggs were used? THat would be the technical mother, no?
See, here is the problem with you guys, you think people have to have a mother.. I adopted two children, I'm male, my kids have no mother. A lot of kids have no father, so why is having a mother any different?

The issue would STILL be marriage, even if the son was straight, would it not?
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Old 08-21-2012, 07:34 AM
 
14,917 posts, read 13,105,768 times
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Quote:
Originally Posted by pghquest View Post
Thats hearsay and not admissible in court
That's not hearsay. And I don't think anyone involved in the will (including the nasty stepmother) is at all contesting that Robert repeatedly told (and showed) his father that he's gay.

Quote:
So? I take my kids friends with me all the time on family functions and vacations, I guess that means I'm a pedophile..
What??????????????????

Quote:
Natural and adopted children are not any different under the law and not an issue. The issue is MARRIAGE, and he's perfectly within his limit to say that his children must be married prior to receiving an estate because its HIS money. We hear this non stop from left wing kooks who justify taxing the estates as "new wealth".
The will specifically declares children born out of wedlock to be grandchildren and descents entitled to access the trust EXCEPT for children of Robert - for Robert's kids to access the trust, Robert must have married their mother (another clear indication Frank knew his son was gay and disapproved of it).

Quote:
If he was straight and his father left such a stipulation, I bet you'd be defending it.
Why would you think that?

To punish a child for the "sins" (be they getting gay married, siring a bastard child, or single motherhood) of the father (or mother) is pretty gross. If you intend to give an inheritance to your grandkids, I find it absolutely disgusting to base that inheritance upon some action or inaction of their parent. To withhold an inheritance from your grandchild because your gay son won't abandon his husband for a women is evil - just as it would be evil to withhold an inheritance from your grandchild because your straight daughter's marriage fell apart.
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Old 08-21-2012, 07:39 AM
 
69,368 posts, read 64,128,317 times
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Quote:
Originally Posted by hammertime33 View Post
That's not hearsay. And I don't think anyone involved in the will (including the nasty stepmother) is at all contesting that Robert repeatedly told (and showed) his father that he's gay.

What??????????????????

The will specifically declares children born out of wedlock to be grandchildren and descents entitled to access the trust EXCEPT for children of Robert - for Robert's kids to access the trust, Robert must have married their mother (another clear indication Frank knew his son was gay and disapproved of it).

Why would you think that?

To punish a child for the "sins" (be they getting gay married, siring a bastard child, or single motherhood) of the father (or mother) is pretty gross. If you intend to give an inheritance to your grandkids, I find it absolutely disgusting to base that inheritance upon some action or inaction of their parent. To withhold an inheritance from your grandchild because your gay son won't abandon his husband for a women is evil - just as it would be evil to withhold an inheritance from your grandchild because your straight daughter's marriage fell apart.
There is nothing in the law that demands you not be an ahole with your own money..
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Old 08-21-2012, 07:44 AM
 
14,917 posts, read 13,105,768 times
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Quote:
Originally Posted by pghquest View Post
There is nothing in the law that demands you not be an ahole with your own money..
Have a made a legal argument anywhere in this thread? (the answer to that is no)
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Old 08-21-2012, 07:46 AM
 
69,368 posts, read 64,128,317 times
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Quote:
Originally Posted by hammertime33 View Post
Have a made a legal argument anywhere in this thread? (the answer to that is no)
The thread deals with a legal issue, does it not? Opinions that the mans an ahole wont change the outcome, will it?
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Old 08-21-2012, 07:51 AM
 
14,917 posts, read 13,105,768 times
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Quote:
Originally Posted by pghquest View Post
The thread deals with a legal issue, does it not? Opinions that the mans an ahole wont change the outcome, will it?
That doesn't change the fact that I've never once argued that this stipulation in the will is illegal. I've just argued it's disgusting and evil. Do you disagree with that? I know you believe it's this man's right to do this, but do you think he was in fact right to do it?

I have no idea whether this will, and this stipulation in particular, adheres to New York probate law. The son, Robert, seems to think that it doesn't (and as a New York State judge he probably has a pretty decent understanding of the law). Only time will tell if his interpretation of the law is correct.
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Old 08-21-2012, 08:18 AM
 
Location: bold new city of the south
5,821 posts, read 5,305,558 times
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Default Manhattan businessman's will ordered gay son to marry woman who gave birth to his child

I have had to deal with 3 wills. The circumstances
of each were different, I did not agree with some of
the conditions, but carried them out to a tee. ''The
Last Will and Testament'' means something. It is the
last wishes of the deceased. They should be carried
out to the letter. It was his money, he earned it, and
he can decide what to do with it.
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Old 08-21-2012, 11:03 AM
 
Location: Maryland
18,630 posts, read 19,424,868 times
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Quote:
Originally Posted by TriMT7 View Post
It's what.... 1/3 of 180k? That he put in TRUST for his very much adult children? Talk about micromanaging from the grave. I could see if it was 18 million!


What he did was set up his estate for protracted litigation that will drain the assets of the estate.
Maybe even less than that. He includes all of his grandchildren living and yet unborn, except for the gay son's kids.

I think the will should stand but this is New York and they interpret laws on the fly over there.
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Old 08-21-2012, 11:05 AM
 
Location: Maryland
18,630 posts, read 19,424,868 times
Reputation: 6462
Quote:
Originally Posted by pghquest View Post
The thread deals with a legal issue, does it not? Opinions that the mans an ahole wont change the outcome, will it?
Unfortunately I suspect public opinion or political correctness may figure in the legal outcome.
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