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New York court rules same-sex surviving spouse entitled to inheritence

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] The Manhattan Surrogate Court has ruled  that the surviving partner of a same-sex marriage is entitled to inherit the estate of a deceased spouse. The ruling leaves all of H. Kenneth Ranftle's estate to his surviving husband, J. Craig Leiby. In the ruling issued late last month, Judge Kristen Booth Glen wrote that she found no legal basis to treat the Canadian marriage of the two men differently than heterosexual marriages made in other countries or states. New York has yet to authorize same-sex marriages within the state, but recognizes same-sex marriages performed in Canada and other states. In May 2008, New York Governor David Paterson issued a mandate, requiring that any and all out-of-state same-sex marriages be recognized as legal within the state of New York. This mandate supported an intermediate appellate court ruling in Martinez v. County of Monroe, holding that legal same-sex marriages performed outside the state are entitled to recognition in New York. In September of that year, the New York Supreme Court dismissed a challenge to Governor Paterson's directive.

Full post as published by JURIST - The Paper Chase on February 04, 2009 (boomark / email).