Real-life Brokeback Mountain, but without the "happy" ending...

[DRoseDARs]

Surely there have been cases where the judge upheld the intent or at the very least took into fair consideration of that intent of an otherwise legally-binding document. One missing signature cannot negate the unambiguous intent of the whole document, only its legally-binding status. I'm no legal-beagle, so f***ed if I know how to track down a court case showing precedent.

Edit.

[KrazyHorse]

Without the proper signatures etc. that make it a legally binding document the judge can't even consider it. He has to rule as though it doesn't exist at all.

[Drake Tungsten]

Yeah, it sucks for the gay dude and it would be nice if Oklahoma had some sort of common-law partnership law to deal with situations like this, but the judge did exactly what he should have done.

[C0ckney]

spot on KH

it's a shame, but as imran said, the real lesson here is to make sure your will is made properly and is in accordance with the formalities.

[molly bloom]

Originally posted by DRoseDARs
Surely there have been cases where the judge upheld the intent or at the very least took into fair consideration of that intent of an otherwise legally-binding document. One missing signature cannot negate the unambiguous intent of the whole document, only its legally-binding status. I'm no legal-beagle, so f***ed if I know how to track down a court case showing precedent.

Edit.

As much as I feel sorry for the survivor, it simply points out the necessity of getting your properly witnessed and signed.

We've done it- it's not that difficult.

What you're asking to do (for the best of reasons) is for the judge to ignore precedent and law about wills and inheritance, based on sympathy or empathy.

Perhaps the dead man deliberately left the will short of a signature in case he changed his mind, or the relationship failed ?

You can't know beyond a reasonable doubt that that wasn't also his intent.

Yes, it stinks that distant cousins reap the rewards of an inaccurately drawn up will, but this happens to heterosexuals and gays and lesbians alike.

[Arrian]

What *******s the cousins are. That's incredible.

-Arrian

[MrFun]

Originally posted by DRoseDARs

Then the cousins, like vultures, decided they wanted more than years of his life and thousands upon thousands of his hard-earned money: They want backrent.

More like, "ugly hyenas."

[MrFun]

Originally posted by DRoseDARs

I say "happy" ending in a sarcastic way, meaning it wasn't a very happy ending, and this real-life story is even less happy than that. Boy howdy, stop being so... Mr. Fun-like.

ah

[Provost Harrison]

He said he was continuing to fight the cousins, who are suing for back rent for the years he lived on the ranch.

That is pretty f**king evil. How is the system letting blatant persecution to occur like this? Talk about kicking a man when he's down!

[rah]

At least a judge won't have his hands tied on this one.

[Wycoff]

This kind of thing reaaly sucks. The bright side is that intestacy laws are changing. Within 30 years or so, I'd bet that the majority of states will have laws that protect the right of the partner to inherit intestate (without a will)

[SpencerH]

This kind of stupidity just solidifies my opinion that the gay rights movement in particular (and those of us who merely support liberty) has to focus its efforts in small steps ie gain common-law rights THEN fight for marriage rights.

[Sprayber]

If the man really cared for his partner than he would have been sure that his will was air tight. I can't see how this is the judges fault since he was only doing what the law stipulated however unfair it might seem. My mom was in a similar situation up until last year when her longtime boyfriend made sure she would be taken care of in the will since he has no children of his own and knows that the remaining members of his family would simply blow all the money he has spent a lifetime in getting. It wasn't that difficult to make sure all the legalities were taken care of.


I'm not a legal expert but how can they sue for back rent and expect to get anything? It wasn't theirs at the time the other man was living there.

[Ogie Oglethorpe]

Originally posted by SpencerH
This kind of stupidity just solidifies my opinion that the gay rights movement in particular (and those of us who merely support liberty) has to focus its efforts in small steps ie gain common-law rights THEN fight for marriage rights.

Agreed. Win by win is the way. Overreaching just causes the massive fundy type knee jerk response.

The changes willl come but require some amount of persistance and patience to advance the causes. I know thats of little consolation to those yearning for the changes now or yesterday but it is realism.

[Q Classic]

Sucks to be Beaumont.

How Christian of the cousins. How very ****ing Christian.