Siblings of same-sex partner not entitled to notice of probate of will

In a recent case, Surrogate Judge Kristin Booth Glen ruled that a same-sex spouse was the surviving souse and sole beneficiary of his deceased spouse’s estate.  See Matter of the Estate of H. Kenneth Ranftle, 4585-2008 (Manhattan, NY).

Here is what happened:

• Kenneth and Craig married in Quebec, Canada during the summer of 2008.
• Same-sex marriages are valid in Quebec.
• Kenneth died on November 1, 2008.
• Kenneth named Craig as the sole beneficiary of his estate.
• Kenneth’s siblings were not entitled to notice of the probate proceedings just like the parents or siblings of a different-sex marriage are not entitled to notice.

See Noeleen G. Walder, N.Y. Judge Finds Man Entitled to Inherit Same-Sex Partner’s Estate, Law.com, Feb. 4, 2009.

Special thanks to  Marc S. Bekerman (Associate Director of New York Law School Graduate Tax Program) and Lee-ford Tritt (Associate Professor of Law, University of Florida Fredric G. Levin College of Law) for bringing this case to my attention.