The Latest Twist on the Classic Rich Girl Dilemma: “In the Event of My Death, My Partner Wants My Child & My Money”
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Explores 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.