Darren New wrote:
> Chambers wrote:
>> Marriage has nothing to do with that.  Virtually all joint bank 
>> accounts are held with "right of survivorship," meaning when one owner 
>> dies the remaining funds are the property of the surviving owners.
> 
> Unless, you know, it was only opened by one person. Then where does it go?

In Community Property states, it goes to the spouse.

I strongly disagree with CP, however, and in fact live in a state that 
doesn't recognize it.

>> In accounts held without right of survivorship, the deceased's share 
>> passes to their estate,
> 
> And who gets the estate if there isn't a will?

I'd have to consult an estate lawyer on that one.

>> If you'd like my honest opinion, I would say the stepmother. 
> 
> Why? If the government has no recognition of marriage, why would the 
> government let the stepmother have custody of the child?

Not for the filial relationship, but because of the living arrangements 
prior to the death of the father.  The stepmother lived with the child 
as a caregiver, so she should be allowed to continue that role.

>> If the husband left no will, then that's an oversight on his part.  
>> It's not the Government's place to protect us from our own stupidity.
> 
> That doesn't answer the question. You're trying to deny that the 
> question won't come up.

No, the question already comes up.  I'm trying to say that either 
"solution" won't really solve anything.

>> As I've said, however, designating a default heir should be a simple, 
>> easy matter, which would cover anything not specified in a will.
> 
> We have that. We call it "marriage". See? :-)

So if I want my brother's son to be my heir, I have to marry him? :o

> That's not a default.  A default means "what if I don't do that?"

If someone is thoughtless enough to not do anything at all, then let it 
all go to the State.  It can even go into a welfare fund or something.

> If you're religiously married, and your spouse doesn't have a will, and 
> you die, do you get any of his money, or does it all go to the children 
> immediately?

If you die, I don't think you should get ANY of the money ;)

>> The fact that "marriage" is a loaded word, with a lot of history, 
>> assumptions and ideas that go with it.  Assumptions and ideas that 
>> make people get itchy for a fight, like is happening now with laws & 
>> amendments covering gay marriage.
> 
> That fight has nothing to do with marriage and everything to do with 
> gay. You're falling for the propaganda.

Sorry, maybe I should specify: it's the religious nuts who get itchy for 
a fight.  They're already offended that other people can have different 
opinions, and just looking for an excuse.

-- 
Chambers

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