Posted on 09/03/2004 6:17:57 AM PDT by Theodore R.
Gay man asks court for spousal rights to claim partner's estate
Associated Press
HOUSTON (AP) — A gay man is asking a Harris County court to let him claim a portion of his partner's estate, just as a heterosexual spouse could.
But attorneys for the partner's son say Texas law does not recognize a probate claim brought by a gay partner. All the proceeds, they say, belong to the man's children.
William Ross says he and John Green, who died in January 2003, were partners for 71/2 years.
Green, 55, left no will saying who should get his town house, another home under renovation in the Houston suburb of Katy and stock worth $88,000.
But Ross claims Green made out a notarized deed about a month before he died, leaving him the Katy home.
Ross said Green told him to file the deed after he died, the Houston Chronicle reported Thursday.
"Just simple fairness would say that he would get something," said Ross' lawyer, Jerry Simoneaux.
But John Geddie, a lawyer for Green's son, Scott Goldstein, said in court papers that Green was ill and lacked the mental capacity to sign the deed.
Goldstein, 26, a South Florida businessman, sued Ross, alleging he had unlawfully laid claim to the Katy home, spent money that belonged to the estate and kept a 1996 Mustang.
Ross filed a countersuit, saying the court should apply a "marriage-like relationship doctrine" and view him as a surviving spouse.
But under Texas law, only a man and woman can marry. State lawmakers have made Texas signatory to the Defense of Marriage Act, which prohibits recognition of same-sex marriages performed in other states. The law went into effect last year.
The case is scheduled to go to trial in October, but it may not make it that far. During pretrial motions, Harris County Probate Judge Russell Austin could prohibit Simoneaux from asserting spousal rights for Ross simply because he is not a spouse.
Geddie said he doesn't expect an appellate court or the state Supreme Court to grant Ross spousal rights if the case were to ever reach that level.
Few higher courts around the country have ruled in favor of gay people who have tried to assert spousal rights in probate cases.
The issue needs to be decided by state lawmakers, not the courts, Geddie said.
It was always about the money...
BUMP
Any two people can make out a will including a living will, designate guardians, designate the beneficiaries of an insurance policy, buy a house with survivor rights, etc.. I also believe the "family only" visitor rights policy in a hospital can be overcome.
Homosexual Agenda Ping - missed this one. Continued attempts to dilute real families. Why should the "partner" of a dead homosexual have his estate if the deceased made no will? So laws mean nothing, tradition means nothing, the natural family which has been in existence since the beginning of humanity has no meaning.
Only the desires of homosexuals means anything.
Let me and Scripter know if anyone wants on/off this pinglist.
They certainly argue from that perspective...
Your legal analysis is apt. But are you on the right forum?
Not only wills necessarily, but certainly Revocable Living Trusts can accomplish property sharing better than any ratty, so-called marriage license. And since there's actually a 'marriage penalty,' they're not missing tax benefits. Durable Powers of Attorney and Living Wills can keep the 'spouse' in charge of the decisions regarding the ill partner.
With the proper Revocable Living Trust, not only could the decedent have seen to it that this guy receive a share, he could have arranged it without probate. The fact that the decedent did NOT do this suggests he did not want to do so.
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