Comments on: Sues siblings because Mom cut him out of will http://overlawyered.com/2009/01/sues-siblings-because-mom-cut-him-out-of-will/?utm_source=rss&utm_medium=rss&utm_campaign=sues-siblings-because-mom-cut-him-out-of-will Chronicling the high cost of our legal system Sun, 27 May 2012 16:39:29 +0000 hourly 1 http://wordpress.org/?v=3.3.2 By: wfjag http://overlawyered.com/2009/01/sues-siblings-because-mom-cut-him-out-of-will/comment-page-1/#comment-39455 wfjag Thu, 29 Jan 2009 16:33:44 +0000 http://overlawyered.com/?p=8551#comment-39455 Dear Bob: If you're trying to be sarcastic, you missed the point by hitting on reality. Louisiana, based on French law, has "forced heirship" -- meaning that all children receive a certain portion of the estate. It is very hard to entirely cut off a child's inheritence (there are a few, narrowly construed fault grounds -- like attempting to murder the parent). So, suing "Mom" in Louisiana (or France) might work. More importantly, this suit shows the danger of allowing courts to legislate by "finding" new tort causes of action. IF Arizonia wants forced heirship, THEN its legislature can enact it. If not, then the courts should hold that as a matter of law the petition fails to state a cause of action. Until Mom is placed under a court-ordered guardianship due to incompetence, she gets to dispose of her property as she sees fit. Dear Bob:
If you’re trying to be sarcastic, you missed the point by hitting on reality. Louisiana, based on French law, has “forced heirship” — meaning that all children receive a certain portion of the estate. It is very hard to entirely cut off a child’s inheritence (there are a few, narrowly construed fault grounds — like attempting to murder the parent). So, suing “Mom” in Louisiana (or France) might work.

More importantly, this suit shows the danger of allowing courts to legislate by “finding” new tort causes of action. IF Arizonia wants forced heirship, THEN its legislature can enact it. If not, then the courts should hold that as a matter of law the petition fails to state a cause of action. Until Mom is placed under a court-ordered guardianship due to incompetence, she gets to dispose of her property as she sees fit.

]]> By: Bob Lipton http://overlawyered.com/2009/01/sues-siblings-because-mom-cut-him-out-of-will/comment-page-1/#comment-39393 Bob Lipton Wed, 28 Jan 2009 13:22:45 +0000 http://overlawyered.com/?p=8551#comment-39393 I'd sue Mom. In France. Bob I’d sue Mom. In France.

Bob

]]> By: Bumper http://overlawyered.com/2009/01/sues-siblings-because-mom-cut-him-out-of-will/comment-page-1/#comment-39380 Bumper Wed, 28 Jan 2009 07:05:32 +0000 http://overlawyered.com/?p=8551#comment-39380 If he wanted to prove to the world why he should be left out of will then this lawsuit should just about do it. If he wanted to prove to the world why he should be left out of will then this lawsuit should just about do it.

]]> By: kimsch http://overlawyered.com/2009/01/sues-siblings-because-mom-cut-him-out-of-will/comment-page-1/#comment-39379 kimsch Wed, 28 Jan 2009 06:50:49 +0000 http://overlawyered.com/?p=8551#comment-39379 I'd just spend it all leaving nothing to kids. Mom and Dad worked for it, they should spend it not save it for ungrateful kids. I’d just spend it all leaving nothing to kids. Mom and Dad worked for it, they should spend it not save it for ungrateful kids.

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