Friday, June 19, 2009

Over My Dead Body

California law gives inheritance rights only to children conceived within 300 days of the parents death. 10-year old Brandalynn's father died in 1995. Her mother was impregnated with his sperm in 1998 and the girl was born in 1999. Also the fact that there was no evidence that the father had given consent. Consent indicates a willingness to support.

So the 9th Circuit Court of Appeals upheld the ruling that the child was not eligible for federal survivor payments under California law. (Vernoff v. Astrue http://www.ca9.uscourts.gov/opinions/)

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