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Disowning a Parent - 3/2/2007 9:42:14 PM

WyrdRich

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I tried to just avoid the whole Anna-Nicole thing. It didn’t work. It did raise a question for me though. Is there a way to prevent a parent from having a legal say in your affairs? Should there be?

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RE: Disowning a Parent - 3/2/2007 10:31:10 PM

MzMia

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quote:

ORIGINAL: WyrdRich

I tried to just avoid the whole Anna-Nicole thing. It didn’t work. It did raise a question for me though. Is there a way to prevent a parent from having a legal say in your affairs? Should there be?

Of course there is a way....its called a detailed will and of course a living will.
Every adult should have a detailed will created for how they want their affairs handled after they pass away.
Not only do I plan to leave a detailed will, I also plan to leave instructions on several issues dear to me.
They may not be respected, but they will be left in writing.
Hell, I even plan to make a few video's, stating my wishes.

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RE: Disowning a Parent - 3/3/2007 12:50:26 AM

KatyLied

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Contesting a will or trust usually rests on one or two of the following factors: undue influence in executing the will or trust, or that the person executing the will or trust lacked mental capacity to execute the will or trust at the time it was executed.

from: http://ezinearticles.com/?Contesting-a-Will-or-a-Trust.-Can-it-Be-Done?&id=15970

Typically, standing to contest the validity of a will is limited to two classes of persons:

Those who are named on the face of the will;
Those who would inherit from the testator if the will was invalid

from: http://en.wikipedia.org/wiki/Will_contest

A will or trust should protect, but anyone who feels they may have legal standing can try to contest it. I can see how people may be of the opinion that ANS lacked mental capacity to execute the will.

< Message edited by KatyLied -- 3/3/2007 12:51:08 AM >

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RE: Disowning a Parent - 3/3/2007 3:20:05 AM

wandersalone

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Minors can legally emancipate themselves from their parents/guardians which I think is done in situations of abuse, neglect and also seems to be something that young Hollywood stars do in order to keep control of their money.

If talking about preventing parents from having legal authority when you are dead ... as the others have said I would suggest that you not only have a clear and detailed will but also make sure you let others know of your wishes before you die.

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RE: Disowning a Parent - 3/3/2007 3:47:28 AM

Vendaval

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I have heard of minors taking their parents to court to divorce them,
but emancipation is the most common legal recourse in those
situation. Best to have a will done with all the proper legal measures in place.

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RE: Disowning a Parent - 3/3/2007 5:43:14 AM

WyrdRich

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When this topic comes up at home, it's more along the lines of major medical decisions (i.e. Teri Schiavo (sp?)). I know about living wills, but I don't know about declaring a specific individual should have no legal standing to contest it.

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RE: Disowning a Parent - 3/3/2007 5:44:11 AM

KatyLied

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I'm not sure how to go about doing that. We need a kinky estate lawyer to chime in.

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RE: Disowning a Parent - 3/3/2007 5:55:51 AM

sub4hire

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quote:

ORIGINAL: WyrdRich

When this topic comes up at home, it's more along the lines of major medical decisions (i.e. Teri Schiavo (sp?)). I know about living wills, but I don't know about declaring a specific individual should have no legal standing to contest it.

My sister passed of ovarian cancer 5 year's ago now. When she died she was married to a paranoid schizophrenic who would not take his meds. So, the guy was a loon by his own choice. Uncontrollable at every turn.
Anyway, as she was dying she granted me her guardian. You do this by making up a living will.
HOWEVER just in Anna's case when it came down to burial and her saying she wanted to be cremated..the will would have went out the window. The only absolute way we could assure her being cremated was for her, herself to sign the cremation papers. It showed intent that way. He planned on burying her. Or keeping her in the fridge, I'm not sure what his motives were.
My father just passed this past year. Within his will he had a statement saying no one shall contest this will and if they do they inherit nothing at all.
Stood up in court because I'm not being fought over that.

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RE: Disowning a Parent - 3/3/2007 6:00:46 AM

FangsNfeet

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quote:

ORIGINAL: WyrdRich

When this topic comes up at home, it's more along the lines of major medical decisions (i.e. Teri Schiavo (sp?)). I know about living wills, but I don't know about declaring a specific individual should have no legal standing to contest it.

There's marriage. When you're married, power and authority over your medical and burial status goes to the spouse unless specified otherwise in the event that you filled out a Power Of Attorney form. I've seen many people with Power Of Attorney in the event that the person is unconcious or dead.

We've seen where parents may try and over turn decisions by a spouse or person left in charge with court cases but they'll normally loose.

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