Family Law
Same-Sex Spouse Inherits Estate, NY Judge Rules
Posted Feb 3, 2009, 01:24 pm CST
By Martha Neil
A New York man who married his longtime same-sex partner in Canada last year is entitled to inherit his estate as his spouse, a New York probate judge has held in what a law professor says is a historic ruling likely to have significant impact.
Because the marriage was valid in Canada, it is recognized under New York law, held Manhattan Surrogate Court Judge Kristin Booth Glen. A lawyer for J. Craig Leiby, 65, who is the surviving spouse of Kenneth Ranftle, 54, said the probate petition was not opposed, reports the Associated Press. Both men lived and worked in New York.
"The potential impact of this first decision by an elected New York Surrogate to recognize a same-sex marriage contracted out-of-state is huge," says the Leonard Link law blog. The blog post, which was written by Arthur Leonard, a professor at New York Law School, discusses the case and its legal setting at length.
The case is: Matter of the Estate of H. Kenneth Ranftle, File No. 4585-2008 (N.Y.L.J., Feb. 3, 2009). It was decided on Jan. 26.
Related coverage:
New York Times (death notice): "Ranftle, Howard K. (Ken)"
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