The gay son of a deceased New York City businessman is fighting a stipulation in his late father’s will that required him to marry the mother of his child or risk losing the child’s inheritance.
Robert Mandelbaum, who is a Manhattan Criminal Court judge, said in court documents that his father, Frank Mandelbaum, knew he was gay and included his male partner in family activities. The elder Mandelbaum died in 2007 at the age of 73.
Mandelbaum, who amassed a fortune after founding the ID-verification firm Intellicheck, died before his grandson, Cooper, now 16 months, was born.
Cooper’s fathers, Robert Mandelbaum and Jonathan O’Donnell, married shortly after his birth via surrogate in 2011. It’s unclear which of the men is Cooper’s biological father.
The late businessman’s will left behind a $180,000 trust for his grandchildren, including those who would be born after his death. The heirs will receive installments from ages 25 to 30, although the amounts will be contingent on the performance of the investment.