Blog Layout

Can Embryos Sue to Be Born? Elder Law Attorney, Woodstock, GA

Cindy Nelson • Jan 09, 2017


A highly-publicized case involving actress Sofia Vergara, ex-fiancé Nick Loeb and the frozen embryos they had created, has a bizarre twist that involves a trust suing on behalf of the embryos.

Since their breakup, Sofia Vergara and Nick Loeb have been fighting over two frozen embryos they had together when their relationship was much better. Loeb had been seeking to have the embryos brought to term, which Vergara opposed. Recently, Loeb dropped his case.

A party unrelated to either of them, has now filed a new case in Louisiana to have the embryos brought to term. It purports to be brought by the embryos themselves. A trust appears to have been created in Louisiana, specifically for this purpose because that state has an old law that grants legal personhood to embryos.

This story was taken up recently by the Daily Beast in “ Sofia Vergara Embryo Case Could Open Floodgates .”

While this lawsuit appears to face long odds of success, nothing can be said for certain since it is a matter of first impression for the courts. If the lawsuit does succeed, it could have important and far reaching implications for estate law.

For example, if a wealthy person passes away after going through the process of freezing embryos, could any third party then sue to have those embryos brought to term? If so, then would those children be considered the heirs of the deceased entitled to a share of the estate, even if the deceased had no wish to have more children when he or she passed away?

Those questions would have to be answered by other courts.

Needless to say, the progress of this case will be watched closely by the media and the legal community.

Reference: Daily Beast (Dec. 8, 2016) “ Sofia Vergara Embryo Case Could Open Floodgates .”

 

estate planning lawyers
20 Mar, 2024
Here are some reasons why it's time to start contacting local estate planning lawyers. Keep reading to learn more about why you shouldn't wait.
12 Mar, 2024
MYTH: Once you qualify for Medicaid nursing home care benefits, Medicaid will pay 100% of the cost.  MYTH BUSTED: Contrary to popular belief, receiving Medicaid doesn't mean the government automatically pays the entire bill for your nursing home care. In reality, you are expected to contribute a significant portion of your income towards the cost of care. This is known as the co-share, patient liability, or patient share of cost, and plays a crucial role in covering the expenses of your long-term care. Patient liability is your total monthly income minus approved allowances or deductions. The remaining amount is what you pay to the nursing home, while Medicaid covers the rest of the bill. With nursing home care in Georgia averaging $9,000-$11,000 per month, the financial benefit far outweighs the complexity of navigating Medicaid. Let's look at an example:
By 7066160206 05 Mar, 2024
Navigating Probate in Georgia can be daunting, especially with the myriad of misconceptions surrounding it. The legal process of settling a deceased person's estate can lead to confusion and unnecessary worry for individuals and families dealing with the aftermath of a loved one's passing. Let's debunk some of the most persistent myths about the Probate process in Georgia: Myth 1: Estate and inheritance taxes will eat up all of the inheritance I leave for my family. While estate taxes can be a concern in some cases, Georgia does not impose a state estate tax or an inheritance tax. Additionally, federal estate tax laws apply only to estates exceeding $13.6 million (individual) or $27.22 million (couple) as of 2024. Given this high threshold, most estates won't incur significant taxes that would deplete the entire inheritance. Myth 2: If I have a Will, my estate will not go through Probate. This is an all-too-common misconception. Having a Will does not mean your estate avoids Probate. In fact, the Probate judge will use your Will as guidance on how to distribute your assets, complying with any state laws, and ensuring your wishes are carried out. Having a Will can streamline the Probate process, but the court will still oversee the administration of the estate. Myth 3: Debts disappear at death. Contrary to this popular belief, debts do not disappear when someone passes away. Instead, creditors have the right to make claims against the deceased person's estate during Probate. Part of the Probate process involves addressing outstanding debts and ensuring they are paid from the estate's assets before inheritance distribution to beneficiaries. Myth 4: If there is a surviving spouse, the family home doesn't go through Probate. While a surviving spouse may have certain rights regarding the family home, such as a homestead exemption, the property may still need to go through Probate depending on how it is titled and whether there are other heirs with ownership interests. In Georgia, transferring ownership of the home typically requires the Probate process. Since real estate is usually the most valuable asset a family owns, it's important to consult our experienced Probate attorneys to determine the best course of action regarding real estate in Probate cases. Myth 5: I can handle the Probate process on my own. While it's possible to navigate Probate without legal assistance, it's often advisable to seek guidance from a qualified attorney, especially for complex estates or if disputes arise. In Georgia, there are more than a dozen steps to the Probate process, each with its own timeline, paperwork, and potential pitfalls. Our attorneys provide valuable expertise and ensure the process proceeds smoothly according to paperwork deadlines and state laws. While the process can be confusing and overly complicated, working with a Probate lawyer can help dispel common myths and alleviate unnecessary stress. We work with individuals and families every day to facilitate the Probate process so they can access their inheritance, understand their rights and obligations, and clear all the legal hurdles as quickly as possible.
22 Feb, 2024
Do you have a will? If you need to start the estate planning process, here are a few questions to ask your estate planning attorneys.
19 Feb, 2024
While a Will is a crucial component of estate planning, there are several other documents that are equally, if not more, important.
By Josh Nelson 25 Jan, 2024
Estate planning is a crucial aspect of securing your legacy and ensuring a smooth transition of assets to your heirs.
estate planning lawyers
25 Jan, 2024
Working with estate planning lawyers can provide valuable guidance and peace of mind. Here are seven ways these professionals can help you create a plan.
17 Nov, 2023
Looking to invest in the services of a professional estate planning attorney? Here are some of the biggest reasons why it pays to look for an expert near you.
11 Oct, 2023
Ensure your loved ones receive what you've set aside for them. Here are some of the ways an expert estate planning lawyer to help you protect your family.
estates lawyer
28 Sep, 2023
If you're looking to protect your assets, working with an estates lawyer might be a great option. Read on to learn more about how these attorneys can help.
More Posts
Share by: