Unfortunately Passed Man Who We’d Never Want To Offend Seeks to Harm Descendants from Beyond Grave

So here’s a story:

The late Frank Mandelbaum stipulated in his will that none of his son Robert’s children would receive any inheritance if Robert “not be married to the child’s mother within six months of the child’s birth,” The New York Post reports.

A bit old-fashioned? Sure. Especially when you consider Robert Mendelbaum, a 47-year-old Manhattan Criminal Court judge, is gay.

[...]

After New York passed the Marriage Equality Act, Robert married Jonathan O’Donnell in August of 2011, shortly after the couple had a child, Cooper, via a surrogate mother.

And now Robert thinks 16-month-old Cooper deserves a share of the $180,000 trust reserved for Frank’s three grandkids.

He and O’Donnell are fighting in court to prove that Frank’s will is discriminatory, and in violation of state law.

I say, if the money’s that important, fight it. If it’s really not, then forget it. The late Frank Mandelbaum established in his will that he’s the stain in the family quilt that will refuse to come out. If he wanted to be remembered, well then, mission accomplished.

6 Comments

Jay August 21, 2012 at 9:40 am -

I think it is important that this will be fought for the same reason it was important that restrictive real estate covenants were fought.
Steve August 21, 2012 at 9:58 am -

This illustrates well what happens on the national level. The children of gay headed households are hurt because of the bigotry of those who claim to be doing what they do to support children.
PJB863 August 21, 2012 at 10:16 am -

As someone who has been involved in an estate dispute myself, there are principles involved here as well. Why should the child suffer because his grandfather was a jerk? $180,000 isn’t a vast fortune, but it could be used for college, to put a down payment on a house, etc. His cousins get this money but he doesn’t because his parents love each other? How F’d up is that?
Ben in Oakland August 21, 2012 at 10:27 am -

My brother said it best, and I think it applies here.

Never mud wrestle with a pig. You only get dirty, and the pig loves it.
Gary (NJ) August 21, 2012 at 10:51 am -

I kinda think i would not fight it, but just ask my siblings if they would voluntarily share it with me (that’s what i would do with my siblings) and if they say no, I would just write them all off and forget about it. A 47 year old NYC judge with a husband probably isn’t hard up for cash anyway.
Priya Lynn August 21, 2012 at 12:02 pm -

I would fight it regardless of whether or not the money was needed – its the principle of the thing.