A wealthy Long Island, New York man passed away in 2007 leaving large amounts of money to his grandchildren and their decedents. One catch in the will, though, might exclude one grandchild. That grandchild is the son of a gay couple and was born to a surrogate mother according to the August 27, 2012 edition of the New York Law Journal.
The will says that unless the father of this grandchild is married to the childâ€™s birth mother within six months of birth, the child will not receive the inheritance. It can be argued that technically, the family can receive the inheritance because the birth certificates list the biological father as â€œFather/Parentâ€ and the partner as â€œMother/Parent.â€ Additionally, the two were married within six months of the birth.
To frame the case in another light, t-he father filed a petition in court that said that this exception in the will could â€œinduce the beneficiary to enter into a sham marriage of convenienceâ€ and so that exception in the will should be invalid.
It is important to speak to a family lawyer when you have questions regarding divorce or another family matter. Mr. Lutzky at the law offices of Jayson Lutzky, P.C. can assist you. He has practiced law for over 29 years. If you would like to set up a free consultation, call his office at 1-800-660-5299 or visit www.MyNewYorkCityLawyer.com today.