Transgender Widow May Lose Her Deceased Husband's Benefits in Lawsuit Over Her Gender

[Omaha Steve]

http://abcnews.go.com/US/transgender-widow-lose-husbands-benefits-suit-gender/story?id=11199690


The Family of Firefighter Thomas Aganuz Said Couple Split After He Learned Wife Was Born a Man

68 comments
By SARAH NETTER
July 20, 2010

Days after losing their son in the line of duty, the family of a fallen Texas firefighter is battling his wife in court, saying her status as a transgender woman makes her inelligible to receive his death benefits.

Video at link.

The family of Thomas Araguz III, of Wharton, Texas, has alleged in a lawsuit filed eight days after his July 4 death that he had been separated from his wife Nikki, nursing feelings of betrayal after learning that his wife of two years had been born a man.

"He was distraught. It was overwhelming," said Chad Ellis, a Houston lawyer hired by Araguz's mother. "It was extremely difficult for him."

Araguz died while fighting a fire at an egg farm in Boling, Texas. He was 37. He died without a will and under Texas law, probate courts typically divide a decedent's assets and benefits between the spouse and children. But Ellis said Araguz's mother, who is working with his first wife in this matter, wants all of his benefits to go to his sons.

Ellis said he will challenge the validity of the couple's marriage in probate court as a means to redirect any benefits that may have gone to Nikki Araguz to her husband's 7- and 10-year-old sons from his previous marriage.

His legal argument, Ellis said, is based on both the state's laws against same-sex marriage and a separate 1999 state ruling.

[customerserviceguy]

1. I'm wondering if the family's allegations might be true

Certainly, before one would take the step of marrying, one should disclose a gender change to the other party. If the deceased firefighter did indeed only find out after two years, it might appear that the marriage was fraudulent.

[SB37]

2. Definitely sounds like fraud to me...

n/t