Posted on 03/24/2005 11:25:31 AM PST by meandog
When property passes by probate, it means that the state courts supervise the disposition of the property. If the person left a valid will, the courts supervise to ensure that the terms of the will are followed. If the person did not leave a valid will, the courts follow the state law for intestacy. Many states have a special court that handles probate, often called a probate court or an orphans court. The difference is in name only, and they all function very similarly.
Greer's court IS the probate court.
Also, intestacy laws only apply to the dead.
...But, according to Michael, his quack doctors, and the libs, SHE IS DEAD...
Because according to Flordia law, if the patient is unable to manage their care themselves then their next of kin is designated their proxy for medical decisions. In every state the spouse is assumed to be next of kin.
A 'living will' is nothing to do with probate, intestacy, or a regular will.
When someone dies intestate with a spouse and no children, generally the spouse will get everything.
In fact all guardianship matters end up as a decedents estate and are finally dispositioned in accordance with the terms of a valid Will or in accordance with the intestecy statue.
The difference here is simply that no valid Living Will was filed with the probate court in accordance with the state statute. This leaves the FL state statue and the findings of the probate court as the final legal authority on the disposition of the person and the property.
If Judge Greer followed the probate statues with respect to the guardianship and determination of the incapacitated persons wishes in regard to the decision to remove extraordinary life support (also most likely defined in the FL statutes). And if there are no procedural errors in respect to the facts or law (16 or 17 appelate courts have already ruled on this), then Judge Greers ruling should stand.
If there are issues of bad acts on the part of the husband or others, these issues should be taken up under the appropriate civil and criminal statues of the state.
At some point we have to allow the courts to do their job, as imperfectly as they do. If we have need of additional protections for persons like Terri after Cruzanne, then we need to make the change to the statues via legislation, NOT through Federal Court action.
The best method of preventing issues like this is to find your states statutory Living Will form, fill it out and make sure more than one person knows your wishes. Although I feel for Terri's family and all of us care deeply about them and Terri, we MUST use this opportunity to make sure our state statues reflect our desires, and that we as families take the time to make our wishes known.
Probate court is in Missouri (and very likly most other jurisdictions, including FL) the appropriate court for determination of questions regarding the sufficiency or existence of a Living Will or in substitution the testimony of witnesses knowing or perporting to know the wishes of the incapacitated person.
Because Fl is home for so many retirees I would guess that is has developed one of the most mature and protective probate codes in the country. This would include statues deaing with guardianship and Living Wills.
This is a matter best left to state courts based on our local customs and morals, except to the extent that any Federal rights or Priveleges are affected. In this case, I have not seen any such Federal issues, nor apparently has the Supreme Court.
Greer's court IS the probate court.
Also, intestacy laws only apply to the dead.
What part is untrue?
Are you a lawyer?
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