NJ Woman Sues State Over Denial of Inheritance Rights

September 16, 2005

NEW BRUNSWICK—Attorneys from Hill Wallack and Malapero & Prisco, LLP, filed a lawsuit today against the Middlesex County Surrogate and the State of New Jersey on behalf of Betty Jordan, of Perth Amboy, seeking recognition of her right to inherit from her deceased spouse.

Rene Price, Jordan's partner of nearly 20 years, died without a Will in late July, leaving Jordan, a 66-year-old retiree, with no clear right to the couple's home, automobiles, or the household funds in Price's bank account, all of which are in Price's name only.

Under New Jersey's probate law, a surviving spouse is legally entitled to the entire estate when their spouse dies intestate (without a will) and without descendants. The surviving spouse is also entitled to be named administrator of his or her deceased spouse's estate without having to post a bond, said Jordan's lawyer, Stephen J. Hyland of Hill Wallack.

When Jordan filed for letters of administration with the Middlesex Surrogate, however, her application was rejected because she is considered unrelated despite the couple having registered as domestic partners in December 2004.

When the New Jersey Legislature passed the Domestic Partnership Act of 2003, it clearly stated that the law was passed to remedy the denial of the rights married couples are granted, rights which the Legislature characterized as essential to 'basic human dignity', said Hyland. The Legislature rarely includes statements of policy in the laws it passes. By doing so in the Domestic Partnership Act, however, the Legislature clearly showed its intent that registered domestic partners are entitled to the 'rights and benefits of married couples under New Jersey Law'. Among those 'rights and benefits' are those governing a surviving spouse's inheritance rights even in the absence of a valid will.

Although Price's relatives could voluntarily give up their share of her estate, this would be of no help to Jordan. Because the State considers Jordan neither the spouse nor a relative of her partner, she takes nothing of her partner's estate, and if all Price's relatives disclaim their rights, the entire estate goes to the State of New Jersey.

Betty is not asking for anything more than the same treatment as any other widow who finds herself in the same situation. When she and Rene registered, they believed the State would treat them the same as any of their married friends. Instead, because the State views her as a complete stranger, Betty is in danger of losing everything, even the couple's home, to distant relatives, said Hyland.

Jordan's complaint asserts that the State's failure to accord her rights under the probate code violates her right to equal protection and due process under the New Jersey constitution, as well as violating the New Jersey Law Against Discrimination.

Even the Appellate Division, when it denied the right to same-sex marriage in the Lewis case, recognized that denying rights such as these to registered domestic partners amounted to a denial of equal protection, said Hyland. And so we are taking the court at its word.

The case is captioned In re Estate of Rene Price and was filed in the Superior Court of New Jersey in Middlesex County.

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Posted by: Isabelle Mussardat October 22, 2005 11:14 AM