Posted on 11/19/2007 5:32:58 AM PST by the tongue
Pass up an electable GOP candidate who will make the SCOTUS appointment(s) needed to reach this goal, for a nominee who will lose to another Clinton and have her SCOTUS appointment save Roe v. Wade for our lifetime.
With this moral logic, why settle for a U.S. HLA... when unborn babies are being killed all over the world. We must not compromise! We must take it to the U.N... there must be a worldwide ban on abortions. After all doesn't the U.N. charter say:
"WE THE PEOPLES OF THE UNITED NATIONS DETERMINED...Surely you can't say the unborn are not human!to reaffirm faith in fundamental human rights"
I believe he is trying to lay the gorund work ... and pointing out the hypocrisy that goes on with murder.
Abortion is murder of the unborn. You can’t get away with murdering an adult and have THAT vary by state. You don’t want abortion, which is murder, legal in one state and illegal in another for the same reasons.
I’m not a lawyer, but my bet is that if a state inheritance law past, present or future limited the beneficiaries of a will to living persons, federal courts would not become involved.
Is anyone aware of any instance of federal law or courts becoming involved in this state issue?
Nest of kin sound familiar?
We are talking about “unborn” at the time of probate... when the property changes hands. I thought this was obvious.
People have been trying to pass a pro-life amendment to the Constitution of 35 years and it has gotten absolutely nowhere. Overturning Roe V. Wade could be as immediate as the next Supreme Court justice to drop dead, then the only thing holding up the process would be activist judges.
So go tilt at windmills all you want while people with solutions that work do the hard work.
You just won’t get it.
It’s a simple point - you must FIRST define the unborn as persons.
Until then, the pro-choicers can and do claim a fetus is no different than a tumor.
Your fight should be to get a legal definition of life as including the unborn. I believe Colorado is very close to that now.
“So go tilt at windmills all you want while people with solutions that work do the hard work.”
LOL!
What “hard work” are you doing?
Watching windmills?
That's what I am talking about. A child who is not born yet at the time that a state probate court orders an executor to divide the property.
I would think any/every court would wait to see if the child was born to divide the property.. What if the woman aborts the baby after the property is divided?
[What “hard work” are you doing?
Watching windmills?]
No, the hard work I’m doing is watching people like you twist in the wind for 35 years not getting a damn thing done about abortion. Pushing a mountain that doesn’t move is hard work, but also stupid and ineffective. Taking the mountain apart shovelful by shovelful isn’t as glorious but gets the mountain moved.
It wouldn't be her property - it would be held in trust for the child.
If the child dies before he reaches majority the property reverts to the estate.
That's precisely the way my will works, for example.
If I die, my assets will be held in trust for my children until they reach age 35, with disbursements before that age for such things as medical care, education costs and other necessaries of life.
This is a standard way of protecting one's children in the event that one's spouse remarries after one's death to an unscrupulous individual. And, of course, if one suspects that one's spouse would get an abortion if she were pregnant when one died, there are ways of making that cost her dearly as well.
I agree, but the first step has to be to win the battle over whether or not the Supreme court gets to make policy decisions that have the effect of law.
Trying to overide the flawed reasoning in Roe v. Wade with a constitutional amendment is tilting at windmills I’m afraid.
Right now it is the Federal Government that has set abortion policy, that’s worked out just swell hasn’t it.
After all, a born child's property upon death passes to the parent. If an unborn child was considered a person of equal standing to a born child, an unborn child's property would also pass to the parent.
This is of cause in wills or trusts without specifics on the age of the beneficiaries (to keep the principles clear).
The trust has a beneficiary, who is a claimant of the proceeds of that trust.
It is that individual's property, being held in trust on their behalf.
Generally, but not necessarily.
As I implied before, a trust can be structured so that if one sibling predeceases another sibling while both have assets being held in trust, the trust assets will then be applied to the ebenfit of the surviving sibling and not the parent.
Aside from the angles that can be played using Trusts, what would be the case if it was a simple will... would the child, unborn at the time of the final division of property, be considered a beneficiary?
Usually, yes - if the child proves to be a natural child of the decedent.
We haven’t really pushed for the HLA since Reagan left office. Yeah, its introduced every now and then but we haven’t been making a concerted effort to get it passed. Instead the NRTL has been following the gradual approach for many years now. So, I think it is unfair to say that we have been pushing for the HLA. Also, I think we need to both do more gradual stuff and push for the HLA.
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