Several states had statutes which needed that male heirs be chosen over female heirs within the same degree of kinship when the state appointed someone to administer the estate of a person who died without a will. Ann Accountant wants to be the administrator of her father’s estate however the statute needs that her 19 year old brother be appointed instead. Ann wants to challenge the constitutionality of the state statue.
1. What constitutional protection will she claim is being violated? Please describe.
2. What level of scrutiny will the court use to review this statue? Please describe.
3. What test will the statute have to meet to be constitutional? Please describe.
4. In your opinion, what state interest is advanced by this statute? Does it outweigh the interest of Ann and other female heirs? Please describe.