[wideawake]

All these angles in Probate and Trust laws are non-federal and differ substantially from state to state as to who can get property at the time of death.

Indeed. But the unborn beneficiaries of the will still get their day in probabte court - thus their property rights are subjected to due process.

State law also trumps federal law in how the comatose and retarded are treated - as we saw in the Schiavo tragedy.

Again, the presumption was that Terry Schiavo had rights and those rights could not be infringed without the due process of law.

The unlikeliness of a new Amendment passing all the states required would make it a shame to divert energy from overturning Roe v. Wade NOW THAT IT IS WITHIN GRASP.

Of course Roe v. Wade should be overturned at the earliest opportunity.

[drpix]

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?