|
In re estate of Feinberg
A will allows a person to pass their worldly goods and assets to whomever, for the most part, that person chooses. There are certain limitations in most states preventing individuals from disinheriting a spouse or underage children however, most other provisions that are not against public policy are not prohibited. The provision in a will that encourages or induces seperation or divorce is against public policy. Tripp v. Payne, 339 Ill. 178, 171 N.E. 131 (1930) (overruled on other grounds In re Gerbing's Estate, 61 Ill.2d 503, 337 N.E.2d 29 (1975). What should an estate planner do, in light of this rule, when a client wants to limit his or her beneficiaries of a will or trust to only those heirs who had married or would marry within a specific religion?
The Illinois Supreme Court ruled on this question this week in the case, In re estate of Feinberg, finding
Because a testator or the settlor of a trust is not a state actor, there are no constitutional dimensions to his choice of beneficiaries. Equal protection does not require that all children be treated equally; due process does not require notice of conditions precedent to potential beneficiaries; and the free exercise clause does not require a grandparent to treat grandchildren who reject his religious beliefs and customs in the same manner as he treats those who conform to his traditions...Because no grandchild had a vested interest in the trust assets and because the distribution plan adopted by Erla has no prospective application, we hold that the beneficiary restriction clause does not violate public policy. In re estate of Feinberg, No. 106982 (Ill. Sep. 24, 2009).
Is there a current issue in Elder Law that you would be interested in learning more information about? Email the Elder Law Society with ideas for current issues we should publish on this page.
2009 Healthcare Act and Death Panels
Are you curious about Section 1233 of the 2009 Healthcare Act? Are you concerned "Death Panels" will decide who lives and dies? Do doctors get better reviews if they force patients to refuse life support following their advanced directives?
A starting point for deciding where you stand on this issue and what is true or not is the healthcare bill itself. Use the first link to the right to read the full document. The second link will take you to the National Academy of Elder Law Attorneys page on basic health care planning, including brief descriptions of common, and legal, end-of-life documents.
Is there a current issue in Elder Law that you would be interested in learning more information about? Email the Elder Law Society with ideas for current issues we should publish on this page.
|
