Tuesday, August 2, 2011

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

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.
It sounds like the parents exerted some deathbed pressure for their daughter to sign over her estate.