Thursday, July 11, 2002
Domestic partner survivor allowed to stay in his partner’s house
A story published today by the News Tribune reports that a settlement has been reached in a Pierce County case that questioned whether the survivor in a same-sex relationship could inherit his partner's estate after the partner died without a will.
Frank Vasquez and Robert Schwerzler lived together in the same Puyallup home for nearly 28 years. When Schwerzler died in 1995 at age 78, Vasquez sued to get Schwerzler's estate, which included the Puyallup house the two men shared.
The case drew national attention when a Tacoma appeals court said Vasquez had no claim if the two were in a same-sex relationship because legal protections for unmarried couples don't extend to same-sex couples.
The case went to the Washington State Supreme Court, which last year ordered it back to Pierce County. The justices said there wasn't enough evidence on the nature of the two men's relationship to decide whether Vasquez should inherit the estate.
The settlement gives Schwerzler's family ownership of the Puyallup home. But Vasquez can live there for the rest of his life without cost.
Judge Vicki Hogan approved the settlement June 26. Vasquez's lawyer, Terry Barnett, said the settlement accomplishes the major goal of allowing Vasquez to stay in the home.
"It's a big relief for him," Barnett said. "I wouldn't say he's happy. He's lonely. He's a 67-year-old guy, illiterate and he doesn't drive. His life partner has died. He will never really come back from that."
Though the Supreme Court did not explicitly recognize the relationship between the men, Vasquez's attorneys declared a legal victory for gay rights, because the Supreme Court said the question of whether Vasquez had a legitimate claim should be decided by the evidence, not the "legality" of his relationship with Schwerzler or his sexual orientation.
