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MMLU / A state statute provides that an illegitimate child may not inherit from his…

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question

A state statute provides that an illegitimate child may not inherit from his father's property. The state law, however, does permit illegitimate children to inherit from and through their mothers. A man died intestate, leaving neither spouse nor any children other than an illegitimate son. The man's wife and his daughter died one year later in a motor vehicle accident. The illegitimate son filed suit in an appropriate court alleging that the state statute, which bars an illegitimate child from sharing in his father's estate is invalid, and that he should be declared the lawful heir of the man's estate. In challenging the validity of the state statute, will the illegitimate son prevail?

choices

  1. Yes, because most state laws that discriminate against illegitimate children have been invalidated to ensure that a state's concern over illicit relationships is not the basis for punitive measures against the product of such a relationship.
  2. Yes, because he has been deprived of property without due process, since his fundamental right to inherit has been compromised without a compelling state need.
  3. No, because a state may promote the just and expeditious disposition of property at death by denying intestate succession to all illegitimate children.
  4. No, because discrimination against illegitimate children is not suspect and, therefore, the law does not violate the equal protection clause if it is substantially related to a legitimate state interest.

subject

professional_law

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Source and history

task_id
88e921c7-4800-5bc9-bf7b-cfedea77aee8
task_key
all--test--88e921c7-4800-5bc9-bf7b-cfedea77aee8
task_revision_id
1
config / split
all / test

Official source

initial import