Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Wednesday, December 6, 2017

Yours, Mine, Ours, and ‘ART’

image from https://s3.amazonaws.com/feather-client-files-aviary-prod-us-east-1/2017-12-06/d6a8b6cd-62e4-4b4b-af2b-f2e45cc1d1a0.pngIt is becoming more and more common for trustees and estate planners to have clients that have been through marriage multiple times. These clients may have children from a previous marriage, stepchildren, and adopted children, all having different sets of biological parents and grandparents. These blended families can be incredibly complex. To make matters more convoluted, assisted reproductive technologies (ART) have made it possible to add children to a marriage through a variety of technological measures. But, while state laws have kept pace with radical changes in American family dynamics over the past few decades, laws relating to ART kids are not well developed. There is substantial variation in how each state views surrogacy and gestational carrier agreements and whether a child born after the death of a parent should inherit under a trust or the decedent’s estate. However, through informed and careful decision-making, estate planners can their help clients reach a plan that accommodates these new and constantly changing reproductive advances.

See Judith Saxe, Yours, Mine, Ours, and ‘ART’, Financial Advisor, September 13, 2017.

Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.) for bringing this article to my attention.


Estate Administration, Estate Planning - Generally, Intestate Succession, Science, Technology, Trusts, Wills | Permalink


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