Texas Tech Estate Planning & Community Property Law Journal
Permanent URI for this collectionhttps://hdl.handle.net/2346/72462
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Browsing Texas Tech Estate Planning & Community Property Law Journal by Subject "Adoption"
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Item Cryopreserved Sperm and the Shortcomings of Probate Law(Estate Planning & Community Property Law Journal, 2009) Major, BenjaminThis article raises some of the many questions that exits under current law concerning cryopreserved sperm and probate law that need to be addressed by updating state law. The article discusses issues such as human tissue being treated as property, the changes in the judicial treatment of cryopreserved sperm, and the issue of whether it constitutes property are addressed in this article on marital property law and its effects on disposal of a decedent’s cryopreserved sperm. The comment also discusses the issues surrounding determination of who the child belongs to, what type of visitation rights and adoption rights apply and the potential issues when the "Rule Against Perpetuities" also comes into effect.Item Equitable Adoption: The Implications of Common Law Children on Estate Planning and the Need for Statutory Regulation in Texas(Texas Tech Estate Planning & Community Property Journal, 2015) Kern, TaraFocuses on the need for an equitable adoption statute in Texas. First, the comment explains the concept of equitable adoption and the problem that has arisen through the Texas Supreme Court's application of the doctrine. Then, discusses the disparity between the Texas Supreme Court and the federal courts' rulings regarding equitable adoption, and will propose the need for legislation as a solution to clear up the inconsistency of court rulings on the matter. Then, proposes the necessary elements for an equitable adoption statute and provide an explanation of the importance of each element. Compares the proposed statute to current statutes about common law marriages. Finally, explores three rights of inheritance that an equitable adoption statute will create based upon the enactment of the proposed statute.Item The Latest Twist on the Classic Rich Girl Dilemma: “In the Event of My Death, My Partner Wants My Child & My Money”(Texas Tech Estate Planning & Community Property Journal, 2011) Kohm, Lynne MarieExplores whether a romantic partner may access the family fortune by virtue of parentage of a partner's adopted child when that partner has little to no legal connection to the child (via adoption, biology, primary caregiver, or de facto parent) nor to the partner (contractual, testamentary, civil union, marriage, or registered domestic partnership) but may have some claim to assert such rights based on progressive state law. Discusses legal issues and considers how complicated the landscape for families has become. Section I provides background as to how some state case law allows a person access to the child of his or her partner by virtue of that partnership. Section II provides classic rich girl examples of the dilemma played out in case law and gossip columns alike. Section III offers solutions for generational estate planning that may provide some assistance to dynasty families in equipping their children for leaving a legacy, rather than a muddle of partnership chaos. Closes with suggestions for generational estate planning designed to defend a family fortune from potentially opportunistic partners.