SF Attorney Drexel A. Bradshaw Successfully Represents Gay Man Against Partner's...
SF Attorney Drexel A. Bradshaw Successfully Represents Gay Man AgainstPartner's FamilySiblings Blocked from 'Dis-inheriting' Domestic Partner of their Gay BrotherWho Died from CancerSAN FRANCISCO, Nov. 29 /PRNewswire/ -- In a potentially landmark case, SanFrancisco Attorney Drexel A. Bradshaw (http://www.bradshawassociates.com) haswon a case on behalf of a Gay man whose rights to inherit under California'sDomestic Partner Law had been challenged by the family of his deceaseddomestic partner. The deceased man's siblings had forced their brother toexecute a new trust -- cutting out his partner of 14 years -- while the manwas schizophrenic, on narcotics, and in the final stages of battling cancer.Bradshaw's successful litigation charged that the family had attempted tounlawfully overturn the man's will while he was in not in a mental state to doso.
"This case should be a warning to certain 'blood family members' that theycannot swoop in and take away what rightfully belongs to a Domestic Partner,"said Bradshaw. "Our client had been together with this man for over 14 yearand had cared for and accompanied the decedent to numerous surgeries and beenby his side throughout his fight with cancer."
According to Bradshaw, California's landmark Domestic Partner legislationstates that upon the death of a married person, one-half of the communityproperty belongs to the surviving spouse and the other half belongs to thedecedent. Bradshaw successfully argued that registered domestic partners havethe same obligations and rights under law as are granted to and imposed uponspouses and that property acquired during a marriage is the community propertyof both spouses.
"The family of our client's dying partner used his compromised conditionto try and overturn a lawfully executive will," Bradshaw continued, havingargued that the man's psychiatric disorder, weakened state, and high doses ofmorphine show that decedent was of unsound mind and susceptible to undueinfluence at the time his siblings attempted to execute a new trust which, ineffect, would have dis-inherited the man's domestic partner. "During hisbattle with cancer, the decedent's delusions caused him to believe that he hadended his relationship with our client, which was not true, and leave theentirety of his estate to his siblings."
Media Contacts: David Perry & Associates, Inc. / David Perry
(415) 693-0583 / cell: (415) 676-7007 / news@davidperry.comSOURCE Drexel A. BradshawDavid Perry of David Perry & Associates, Inc., +1-415-693-0583, cell,+1-415-676-7007, news@davidperry.com, for Drexel A. Bradshaw
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