Same Sex Actress Adopted by Rich Partner to Inherit $25 Million … but…… Manhattan Probate Case

One thing I have said over and over again is that the Court  system in this country is going to see some interesting cases following the recent Supreme Court case on gay marriage. What are the inheritance rights for same sex couples?  And, what you adopted your partner?  How does adoption work with inheritance rights? How about this recent report of a lesbian couple where one adopted the other so that they could easily pass the inheritance of about $25 million!Want to learn more about what we can expect to see in West Palm Beach probate courts?

Inheritance Issues

• Non-traditional couples have had an uphill battle for as long as there has been probate court when it comes to inheritance stability.
• Obviously wills are a great way to avoid any of these issues but a recent study by a legal website estimates that nearly 55% of people in this country die without a will.
• Also when it comes to family trusts gay couples have had problems for decades with spouses getting assets after ones death.
• Needless to say creative West Palm Beach probate litigators have crafted solutions to the issues faced by gay couples before the recent Supreme Court decision.
• Obviously a properly drafted estate plan is the first step.
• Have you heard about the lesbian actress who adopted her girlfriend to pass on the $25 million in trusts!
• Unfortunately as creative as the plan was it has resulted in an inheritance dispute in a probate court in Manhattan.
• Do you know the rules in West Palm Beach about adult adoption?

Actress Adopts Girlfriend for Inheritance … Plan Backfires

• A female actress’s apparent plan to be adopted by her wealthy partner in the 1970’s so she could inherit millions in trusts backfired now that both women are dead.
• Now the $25 million is headed to the unclaimed funds account!
• At first the arrangement worked just as planned but unfortunately their probate attorney may have been “handcuffed”.  Did the clients not think very long term?
• After both are dead now the actress’s family cannot access the money because she was adopted and that cut off all familial ties.
• If you are adopted, who do you inherit from? In Palm Beach probates, estate lawyers know that the Florida probate code has specific laws on inheriting from an adopted parent versus your “natural” or original parents, what some call a birthmother or birthfather.
• Why didn’t she just put them in her will?
• Either way now a probate case has been filed in a Manhattan court as the family tries to keep the trust funds out of the unclaimed money accounts.
• Its clear to everyone involved that the adoption was not meant to cut the woman from her family; they still had a tight family bond.
• In fact everyone knows its clear this was meant to act as a form of marriage substitute.
• Is the Court going to elevate form or function in the end?
• This is just one example of the interesting probate cases that need to be resolved (possibly differently) now that gay marriage is legal everywhere.

Want to learn more about this interesting probate case?

Check out this article out of the New York Post by clicking here.