Vasquez v. Hawthorne

(Amicus) case on behalf of a man seeking to recover property from his deceased same-sex partner’s estate after a nearly thirty year relationship in the absence of a will or other estate plan

Summary

Frank Vasquez and Robert Schwerzler shared a life together — a home, business and other property — for 28 years in rural Washington state. Schwerzler managed the financial side of the business and Vasquez provided labor. But when Schwerzler died suddenly, leaving all the couple’s property titled only in his name and no legal documents stipulating his wishes, Vasquez was left with no claim to the assets they had accumulated over the years. Schwerzler’s elderly siblings — his legal heirs — demanded that Vasquez move out of the house and turn over the business and all the couple’s other assets to them, contending that Schwerzler had not been gay and that Vasquez had been merely a boarder taking advantage of Schwerzler’s generosity. A trial court ruled in favor of Vasquez after Schwerzler’s siblings sued for the estate and to evict Vasquez. But, Schwerzler’s siblings appealed and the Court of Appeal overturned the decision in Vasquez’s favor, holding that the fairness rule on which Vasquez had relied only protects those in different-sex unmarried relationships. Lambda Legal filed a friend-of-the-court brief urging the Washington Supreme Court to review the mid-level appellate ruling that would have stripped a man of almost three decades of work and investments he shared with his partner. When the Washington Supreme Court agreed to hear the case, Lambda Legal filed a second friend-of-the-court brief, arguing that Washington’s equity rule should be applied without discrimination based on gender or sexual orientation and explaining why many elderly lesbians and gay men remain closeted, leaving blood relatives unaware of their long-term relationships. The high court accepted Lambda Legal’s reasoning and set a new precedent for Washington State. Holding that the equity rule applies equally to gay and heterosexual unmarried partners. After Washington’s high court sent the case back to the trial court, the dispute was settled, with Vasquez retaining the ability to stay in his home but receiving no financial assets for his ongoing living expenses. It was only a small portion of what he would have received had Schwerzler prepared an estate plan as he had promised Vasquez.

Context

Washington’s equitable doctrine provides a safety net to unmarried different-sex partners, if the couple should break up or one partner should die without a will. By denying same-sex couples access to this doctrine as well as the right to marry, Washington State left same-sex couples unfairly vulnerable and without an important tool for resolving disputes about property in a fair manner. Washington now allows same-sex couples to register as domestic partners and obtain many of the protections different-sex couples receive through marriage. But same-sex couples remain vulnerable if they decide not to register or if they live in one of the many states without marriage, civil unions or registered domestic partnership.

Lambda Legal’s Impact

This case highlights how important it is for same-sex couples to create life planning documents like wills or trusts as well as durable powers of attorney for health care and other matters to protect each other if tragedy strikes.