Lesbian Partner of Deceased Lawyer Seeks to Overturn Retirement Plan Beneficiary Designation on Grounds She is Surviving 'Spouse'

  • metta

    Posts: 39091

    Aug 02, 2011 8:01 AM GMT
    Lesbian Partner of Deceased Lawyer Seeks to Overturn Retirement Plan Beneficiary Designation on Grounds She is Surviving 'Spouse'

    http://www.earnedmedia.org/tcpr0801.htm
  • Posted by a hidden member.
    Log in to view his profile

    Aug 02, 2011 12:56 PM GMT
    1. This comes from a Christian news source, and so the facts may not be accurately portrayed in a case involving 2 lesbians. In fact, this article is just a reprint of one that appears on the site for the law firm that's representing the parents. How objective is that? This isn't news, it's a press release!

    2. Further evidence of this, and which offends me, is that the words such as spouse and married are put in quotes, as if to mock the use of them by the plaintiff. It happens that this couple was legally married in Canada.

    3. This case is being driven by the right-wing Thomas More Society, who wrote the original press release, whose goal is to "defend religious liberty, marriage, and the sanctity of human life in courtrooms across the country," all code words and phrases for pro-life, anti-gay, religious fundamentalism. The Society is comprised of Catholic attorneys.

    4. "As... attorney Sarah Ellyn Farley lay dying of cancer last September, she made her final property arrangements, including designating her parents as the beneficiaries of her law firm's profit-sharing account."

    I find it suspicious anytime a person who lays dying makes a late change to their will. Was she mentally competent and coerced? Was she made to believe that her law firm and the State would refuse to honor her original designation of the profit-sharing account to her spouse? And that the money would be lost if she didn't designate it to someone else, in this case her nearest relatives?

    I see red flags all over this.
  • Posted by a hidden member.
    Log in to view his profile

    Aug 02, 2011 1:02 PM GMT
    I find it offensive that the surviving partner would fight this! The article does not state if she was estranged from her parents. If she named them in her will then so beit.
  • Posted by a hidden member.
    Log in to view his profile

    Aug 02, 2011 1:11 PM GMT
    Art_Deco said...lots of good info...,
    I see red flags all over this.
    +1
  • HndsmKansan

    Posts: 16311

    Aug 02, 2011 1:38 PM GMT
    Well each qualified plan differs in terms of contributions, access, employer match (if any), loans (if allowed), but I don't know if any that restricts "changes in beneficiaries". If the deceased listed her parents, it was due to her negligence that it wasn't changed pror to her death. If she had completed paperwork, signed and dated it, changing the beneficiary to her partner and it wasn't processed due to the negligence of the vendor company, then there may be a cause of action. Just because the plan listed her "parents" isn't a actionable event.