New York should recognize out-of-state gay marriages, judge says

SOURCE: NEW YORK DAILY NEWS

BY JOSE MARTINEZ
DAILY NEWS STAFF WRITER
Tuesday, February 3rd 2009, 5:54 PM

Same-sex marriages that are valid elsewhere should be recognized under New York law, a city judge has ruled, clearing the way for a Manhattan man to inherit the multi-million dollar estate of his late husband.

Manhattan Surrogate Judge Kristin Booth Glen ruled that Craig Leiby is the “surviving spouse and sole distributee” of longtime partner Kenneth Ranftle, who died only a few months after the couple’s wedding last year in Montreal, where same-sex marriage is legal.

Glen’s Jan. 26 ruling is the first by a New York judge that recognizes the right of a gay person to inherit a partner’s estate.

“This is a very important step forward,” said Erica Bell, a lawyer for Ranftle’s estate. “Marriage is a big step for same-sex couples, just as it is for anyone, but these couples should know that it has very real meaning.”

Ranftle’s will left the bulk of his fortune to Leiby, 54, his partner of nearly 20 years. The couple, who lived in Manhattan, also had homes in Canada, Florida and Fire Island.

“They were big supporters of all the gay-rights organizations, which makes this a really fitting memorial tribute to Ranftle,” Bell said.

The ruling also said Ranftle’s three surviving brothers did not have to be made aware of probate proceedings, since they were not legal heirs under New York law.

The siblings were not contesting the will.

“They have a very supportive and loving family,” Bell said.

Ranftle, a 65-year-old former IBM executive, died of a heart attack last November after battling lung cancer.
jmartinez@edit.nydailynews.com