Jerry Simoneaux is the attorney for a gay Texas man asking the
courts to award him a portion of his late partner’s estate. (Photo by Dalton
DeHart)
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BINNIE FISHER
Friday, September 17, 2004
HOUSTON — A gay man who has asked a district
court to consider him the surviving partner of a long-time relationship was dealt
a setback last week when a judge ruled that he does not have spousal privileges.
Associate Judge Ruth Ann Stiles, who presided over the hearing, ruled that
Billy Ross, 33, could not rely on the Marriage-Like Relationship Doctrine to
make him the surviving partner of his eight-year relationship with John Green,
who died last year without leaving a will.
The doctrine, which is currently used in New York and Washington states, would
have recognized Green and Ross’ relationship and established rules for
the court to follow to distribute the property.
“The relationship my client had with his partner has now become irrelevant,”
said Jerry Simoneaux, Ross’ attorney. “The only relationship the
court will consider is their business relationship, so now he has to go through
a humiliating process to determine who owns what and how they will divide the
property.”
The hearing was the first step in a lawsuit brought by Scott Goldstein, Green’s
son, against Ross. After becoming the legal trustee of the estate, valued at
about $100,000, Goldstein sued Ross for a home and car Green transferred to
him before he died.
Court papers filed in the case on Goldstein’s behalf do not recognize
the couple’s relationship, instead calling Ross an acquaintance who spent
Green’s money and removed his furniture and other belongings after his
death.
Ross has counter-sued to keep the car and house and claims the property he
and Green acquired during their relationship. Ross is not challenging Goldstein’s
claim on Green’s townhouse, valued at slightly less than $100,000, and
the car Green drove.
The state’s Defense of Marriage Act forbids same-sex couples from marrying
each other in a civil court, and restricts the kind of legal protections married
couples can rely on to wills and other legal entitlements.
“If Billy were the surviving spouse, if he was allowed to marry John
Green, then we wouldn’t be talking about this today, because Billy would
have been appointed the administrator of the estate, and everything Billy and
he owned together as joint property would go to Billy,” Simoneaux said.
Stiles’ judgment also approved a motion calling for Ross to pay up to
a $10,000 bond to cover the costs of Goldstein’s defense in the counter
suit. Simoneaux said Ross doesn’t have the funds to pay the deposit, a
fact known by Goldstein’s attorneys.
Green and Ross’ seven and a half year relationship ended when Green died
in Jan. 2003 at the age of 55. The two managed an antique consignment store,
and according to Simoneaux, had plans to assume ownership of it from its current
owner.
“I ran the business, ran the books, took care of sales,” Ross said.
“[I took care of] basically every aspect of a consignment business, cleaned
the toilets or whatever.”
Ross said he encouraged Green to re-establish contact with Goldstein, 34, an
estranged son who had changed his name years earlier when he became adopted
by his stepfather. Ross said Ross and his sister, Amy Green did not approve
of him.
“The first time we met they were rude, abrupt, and just nasty toward
me,” Ross said.
Ross said the house he received was being renovated into a commercial design
studio, and that he was going to school to earn an interior design degree. Green
was expected to manage the financial decisions of the business.
After Green’s death, Ross claims he shut down the businesses and returned
the merchandise to their owners. He said the loss of income meant he had to
rely on the help of friends, but said Green’s family forced him to leave
the home the two of them had shared.
Goldstein’s attorney, John Geddie, said in court documents that when
Green deeded the house and car (valued at less than $70,000) to Ross, he was
too ill to do so.
Simoneaux countered that the house and car were transferred to Ross in a doctor’s
office and notarized by a nurse, which validated the transfer.
The case is scheduled for further review in October.
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