Cursed DOMA: Parents Sue To Prevent Late Daughter's Spouse From Receiving Benefits

[WillParkinson]

Represented by the anti-gay Thomas More Society, the parents of a recently deceased Philadelphia lesbian are suing their late daughter's wife to prevent her from receiving her partner's profit-sharing benefits. Lawyers for the parents argue that the couple's Canadian marriage cannot be recognized under DOMA. Via Christian Newswire:
Thomas More Society attorneys argue that the parents are entitled to the funds because their daughter executed a beneficiary designation form in their favor before her death, and because Farley and Tobits' "marriage" was invalid under Federal and Pennsylvania law. Under the terms of the profit-sharing plan, the parents would be next in line when there is no spouse, even without a designated beneficiary form from the deceased. Therefore, they are legally entitled to the funds as Farley's surviving parents on two accounts.

"The deceased was fully aware of her rights under the law to designate her parents as the beneficiaries of her profit-sharing plan proceeds, even going so far as to state that she was 'single' in accord with the law. What Ms. Tobits is trying to do is circumvent both federal and state laws for her own financial gain. The Farleys merely seek to effectuate their daughter's final wishes, while her alleged 'spouse' seeks to unjustly pad her pocketbook," said Peter Breen, executive director and legal counsel of the Thomas More Society.

http://joemygod.blogspot.com/2011/08/parents-sue-to-prevent-late-daughters.html

[xchrom]

1. Monsters. Nt

[Glorfindel]

2. Disgusting and repulsive

May they receive everything they deserve, in this life and the next.

[Bluenorthwest]

3. Ah, the faith community in action yet again....

And Obama wants this to be left up to individual States....a crying shame.

[William769]

4. For those of you who were around when my partner passed away

Remember I almost lost my house because of my partners family. Going through the worst time of my life & then having to deal with that on top of it was not only despicable, it was inhumane.

May anyone who does not want DOMA to disappear & wants marriage equality for us in all 50 States rot in eternal HELL!

[FBaggins]

5. If there isn't more to it than what is given here... I agree with the parents.

Not on their statements re: "single" (etc)... but if someone fills out a beneficiary form that names their parents as beneficiary, then that does represent the deceased's desire for that benefit.

The only thing that would trump this would be if the state has a legal preference for spouses. For instance, in some states I can't remove my spouse's default beneficiary status from certain benefits without her explicit agreement. If PA is such a state, then we're dealing with a situation where a GLBT spouse is treated differently from others.

IOW, without such a statute, this isn't any different than if the spouse was a male. Put a different way, the parents aren't to blame... she is.

[yardwork]

14. She never signed the form. Read more here:

http://pafamilylaw.foxrothschild.com/2011/01/articles/equitable-distribution/law-firm-asks-court-for-guidance-as-to-whether-parents-or-domestic-partner-should-receive-benefits-of-a-profit-sharing-plan/

[noamnety]

6. Wow, I might actually side with the parents

She was married for a few years, then came down with a terminal illness, THEN filled out forms designating her parents as beneficiaries of the profit sharing.

it seems really straight forward that her intent was to take care of her parents.

Using doma to justify it is shitty, but its equally shitty to override someone's will when its that clear cut. I'm married and my 401lk is designated to go to my daughter from a previous marriage. I'd be mad if I found out my husband was planning to fight that.

One of my concerns with my will was that I did have savings going into the marriage and of I die shortly before my spouse, all my savings would go to his family, none to mine.

[Canuckistanian]

7. Greed and homophobia

Ever notice how they go together?

[RaleighNCDUer]

8. Don't you just love how the lawyer's statement is diametrically opposite of reality? nt

[mitchtv]

9. one more horror story for those who

have not taken care of business, and another reason for marriage equality. Gays must have redundant protection.

[RetiredTrotskyite]

10. Disgusting That "Parents" Would...

do something this low-down and dispicable. We need to get DOMA off the books and marriage equality nationwide, so "loving parents"cannot pull this bullshit. How much you want to bet that these snakes never had anything to do with their lesbian daughter in life? As for the Thomas More society, a shame they can't follow their namesake to the block!!

[noamnety]

11. did you read the full article?

She herself filed paperwork staying she wanted her parents to have her profit sharing money when she found out she was terminally ill. Does that change your opinion about where you think that money should go?

[William769]

12. Seems like the paper work is not in order missing a signature.

And the person in question is deceased. Makes one wonder.

[RetiredTrotskyite]

13. Not Really

A straight splouse would have received at least part of it and the homohating parents are using DOMA to get it. And no, I do not take back whst I said about the Thomas More Society.

[yardwork]

15. No, she didn't file this paperwork. Her signature is missing from the document.

Read more details here:

http://pafamilylaw.foxrothschild.com/2011/01/articles/equitable-distribution/law-firm-asks-court-for-guidance-as-to-whether-parents-or-domestic-partner-should-receive-benefits-of-a-profit-sharing-plan/

[closeupready]

16. If she didn't sign it, then the designation is unenforceable.

End of story.

[Amimnoch]

17. This is sad for all parties involved.

Did the couple take any other steps beyond the Canadian marriage?

My partner and I have our certificate from our ceremony in Vancouver as well. But we know better than to rely on that, we also have:
Statutory durable power of attorneys naming each other
Directions for disposition of remains for each other
Last will and testaments for each other
medical power of attorneys naming each other
Directions to physicians and family or surrogates for each other

On top of all of the above, he is named as the 100% primary beneficiary on my life insurance policy, 401K beneficiary, Pension beneficiary (only recently recognized by my company), company profit sharing, and stock beneficiary.

All of this, and really, we're the lucky ones.. both of our families have been supportive, nuturing, accepting, and loving to both of us. Heck I call his mother "mom" he calls mine "mom), I call his father "pop", his sister thinks of me as another brother, and my brother takes him as another brother. Even so, I still take no chances that should bad things happen, I make sure that my wishes are known, and will be legally adhered to.

Shame on the parents for this behavior, definitely! It is disgusting how they have allowed their tragedy and grief turn them into such hateful monsters.

but also, shame on Sara, may she rest in peace, for not ensuring that her partner was protected, and her wishes observed should something like this happen.

All, PLEASE, if you are in a relationship, and you really love the person you are with, MAKE the time to ensure that all of your paperwork and documents are in order, and that the one you love doesn't have to fight your family (or you have to fight theirs) should misfortune befall.

[mitchtv]

18. If you're in the wrong state...

all it takes is one greedy,distant, relative to fuck things up royally.

[TheWraith]

19. I believe DOMA is irrelevant in this case, only PA law would have import.

Since federal law doesn't come into the situation. Not that that's likely to help the widow, since PA doesn't have gay marriage. This is probably a losing case, I'm afraid.

[cap]

21. Federal law comes into play because Canada is a foreign counttry

Feds deal with international law and interstate law. Nice try by Thomas more to set precedent.. Since the form wasn't signed the money goes to spouse.

[hack89]

20. So why didn't she designate her spouse as the beneficiary?

that's what I don't understand. She made that designation as she was dying - why? I just get the feeling that there is more to the story then we are getting.