Skip to main content

Can Trust Ban Heirs from Marrying Outside Their Religion?

People often place conditions on inheritances -- for example, requiring a grandchild to complete college before she can receive trust proceeds -- but is it legal for someone to dictate who their heirs can and cannot marry? This is a question that the Illinois Supreme Court is now weighing.

Max Feinberg established a trust that contained a clause disinheriting any of his grandchildren if they married outside the Jewish faith. Despite this clause, four of his five grandchildren chose to marry spouses who were not Jewish. After both Max and his wife, Erla, had died, one of the grandchildren sued her father and an aunt and uncle -- the co-executors of Max and Erla's estates -- claiming that the three had conspired to evade estate taxes and had misappropriated millions of dollars from the estates. The co-executors countered that the grandchild had no legal standing to sue them because she was no longer a beneficiary of the estate, having married a non-Jew.

A trial court ruled that the clause disinheriting the grandchildren was invalid because it was against public policy by placing a significant limitation on the grandchildren's freedom to marry. The Feinbergs' children appealed, arguing that many jurisdictions recognize such clauses and that Max had the right to determine the conditions for the distribution of his and his wife's estates.

In June 2008, the Appellate Court of Illinois upheld the trial court's ruling, agreeing that the provisions are against public policy. The court pointed out that Illinois has a longstanding history of opposing provisions that make it harder to marry or that encourage divorce, and further noted that the Restatement (Third) of Trusts, which interprets trust law for judges and lawyers, also comes out against such clauses. The court did acknowledge that some states allow people to make these decisions regarding their property. And one of the three judges issued a strong dissent, writing that "Max and Erla had a dream. . . to preserve their 4,000 year old heritage."

The Feinberg children appealed again, and the Illinois Supreme Court has agreed to hear the case.

For the Appellate Court of Illinois' ruling in the case, In re Estate of Feinberg, 383 Ill. App. 3d 992 (1st Dist. June 30, 2008), click here.

[Post information from ElderLawAnswers.com]

Comments

Popular posts from this blog

It's really Spring!

It's clearly Spring around here.  On the way to work this morning I saw several groups of Turkeys.  In each group there was at least one male presenting his tail for the females.  This looks like the classic picture you see of a Turkey around Thanksgiving with his big tail unfurled like a peacock.  But, you won't see that in November, it is courting behavior used in the Spring to find a mate.  Imagine if we humans had some sort of mating system like that.  The males puff themselves up, furl out their tails and strut around waiting for a female to find them attractive ... that would be something  ... oh, wait! Three Turkeys at my Bird Feeder - April 2011 (C) Edward Adamsky, 2011

4 Planning Tips for Parents of Disabled Children

Buy enough life insurance . You can’t be replaced, but someone will have to fill in if you aren’t there. Your family will probably have to pay for some services that you used to provide. You can provide the money necessary, even if you don’t have much now, with life insurance. Set up a trust . Any assets left for a child with special needs, including life insurance proceeds, should be held in trust. Leaving money directly to someone with a special need jeopardizes public benefits. Some families disinherit children with special needs, relying on siblings to care for them. This approach is fraught with potential problems. The best approach is a trust fund set aside for the child with special needs. Write down the care plan . You must write down what a future caregiver will need to know about your special needs child. You may know everything but you need to write it down so it can be passed on. The memo or letter can be kept in the attorney's files or with the parent's estate plan...

Clifton B. Kruse, Jr., Leading Elder Law Attorney, Dies at 74

Clifton B. Kruse , Jr., a revered elder law attorney who was admired as much for his kindness and generosity to fellow practitioners as for his grasp of the law, died December 30, 2008, in Colorado Springs, Colorado. He was 74. The cause was complications from Alzheimer's disease. For many in the field, Kruse set the standard for all that an elder law attorney can and should be. One of elder law's founding fathers, he combined a gentlemanly charm, warmth and caring with one of the sharpest and most ethical of legal minds. Wrote Arizona elder law attorney Robert Fleming in a tribute , "In my third of a century of elder law practice I have never met another lawyer who managed to pull together sophistication, heartfelt empathy, intellectual rigor and courtly manner in the same fashion Clifton Kruse projected. He did it, to all appearances, effortlessly. He was a friend and mentor to many in the elder law community (I count myself among those legions)." Kruse was the e...