Nikki Araguz, Transgender Wife Of Dead Firefighter, Taken To Court By Husband's Family Over Assets

Nikki Araguz, wife of recently deceased firefighter, Thomas Araguz, is being taken to court by her late husband's relatives over the distribution of his assets.

Born Justin Graham Purdue, Nikki married Thomas in August 2008, but in April of this year, their attorney informed Thomas of his wife's previous identity and they separated.

Thomas Araguz died later on July 4 battling a massive fire.

Lawyers cite that the couple's marriage could not be considered legal because in the state of Texas, in which Thomas and Nikki were Wharton residents, two men cannot be married. The lawsuit claims that under Texas law, a person that undergoes a sex change is still considered the same sex that their birth certificate shows.

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Comments

[lucille Kratz]

01:14 PM on 07/24/2010

I meet Nikki about five years ago she may not even remember me. I was working at willowbrook mall at a very a pestijuos counter. Nikki and I talked and she told me all about her pass and how she changed her gender. first of all I would like to say I have never talked to Nikki but twice in my life, and I would say that Nikki Araguz is a true lady a wonderful person, and very open about her transgendered, so I would find it very hard to believe that her husband did not know about it. come on how could he have not known she had major opperation
done after there they married. plus she was not shamed by it she was opened to me I am a perfect stranger, Nikki I am so sorry for you and the losted of your husband I wish you better days and they will come. You my dear are a lady!!!

[Melissa Cherry]

01:50 AM on 07/24/2010

The glaring fact is (reported deception and separation) had already made the local area news prior to Araguz' death! It seems to me, a lifelong supporter of the LGBT community, that there was no lack of disclosure by Nikki. Heather the ex-wife knew and filed a new custody suit and restraining order. The separation and sworn deposition stating that he was unaware of Nikki's previous identity was an effort to hold on to his kids. As to his unfortunate demise, I feel that his death was not fully investigated as a possible suicide. The firefighting community, especially in Texas, is broadly misogynistic, homophobic, somewhat racist and relentlessly cruel to any hint of 'weakness' among their 'brotherhood.'
There have been numerous local incidents where both female and African-American firefighters have been demeaned and harassed by their Caucasian male counterparts including offenses by supervising personnel. Complaints have included hanging nooses/name calling on lockers, sexual battery, public mockery and refusal to investigate and/or prosecute.
Humiliation by his fellow firefighters, his family, the confusion/fear mongering besetting his young children over a very public scandal, and possible attempt to see that Nikki and the kids (all) were financially secure, seem to make the case of a powerful motive for Thomas taking his own life. (Heather, Simona accomplices?) If he did, there are multiple reasons the department would keep it mute (perception, benefits, guilt) and it would make this an even more unfortunate tragedy. A Prayer for All.

[clockworkorange192]

02:40 PM on 07/25/2010

Please stop your conspiracy theories and let this man rest in peace.

[Ceartas]

03:32 PM on 07/23/2010

I find it interesting that the husband in this case was "shocked" when presented with evidence that his wife was transgendered, particularly in light of statements here and elsewhere that she had sexual reassignment surgery 2 months AFTER they were married.

I'm saddened that this fellow felt that he had to feign shock and surprise when confronted with facts about which he surely MUST have been aware. Was he afraid of his friends? His neighbors? His co-workers? His family? Judging from their behavior towards his wife, you gotta wonder.

Nothing good happens when you yield to this kind of fear.

My wife and I live in a tiny, rural So. California community where everyone knows everyone else's business. She has lived here for 30 years. She transitioned in 2002, a year before we met, and I moved here, to a community full of Republicans and conservative Christians. Of course, everybody "knew". We did have a problem with one individual neighbor, who moved away blaming us, but when the foreclosure signs appeared, we suspected there were other issues. And so did our other neighbors, who said, "Don't worry, he's just nuts".

And the earthshaking result of this is that I now have conservative Christian and Republican FRIENDS. We get together and barbecue, talk politics, and do all the things that "regular" neighbors do.

Men who are romantically involved with TG women need to drag their butts out of the closet,ad proclaim the truth. It will, in fact, set you free.

[J McK]

01:01 PM on 07/23/2010

Firstly: he knew. Let's get that out of the way right now. Nobody has been deceived here.

Second: can we stop blaming the widow for not filing the correct paperwork. I mean seriously, she's lost her husband! The ones who are really in the wrong are his family, who are using this to screw the widow over. Regardless of what the law says or what paperwork wasn't complete, this lawsuit cannot be called right or fair. It's a terrible shame, and the actions of the family here are terribly shameless.

[ddpalmerr]

04:29 PM on 07/23/2010

Sorry not buying what your selling.

They got married and she had the surgery 2 years ago. She had 2 years to file the paperwork. I see she changed her last name to his. She had to file paperwork for that, get a new license, register to vote under the new name, but she couldn't be bothered to file the paperwork dealing with her surgical change?

[Darlie Brewster]

01:59 PM on 07/30/2010

IT DIDN'T MATTER WHEN OR EVEN IF SHE FILED THE PAPERWORK! Texas law is discriminatory! No matter what she did she will lose because Texas is a state full of bigots.

[Julie90210]

11:36 PM on 07/22/2010

If she had sex reassignment surgery after they married, as she said she did, there was no legal marriage because there was no legal basis for being an opposite sex marriage.

I'm all for using weasel words when talking to strangers or other situations that don't matter, but this is a legal matter. I changed sex forever ago, and I have a lot of sympathy for her, and for other men and women who've changed sex, but we're a society that is based on rules and she didn't follow them. And I'm sorry, so very sorry for her, because losing a spouse is a horrible experience, but the facts she presented don't convince me she followed the rules needed to have a lawful opposite-sex marriage in Texas.

And for those people who think changing gender markers in Texas is hard, I did it in the 1990's before transgender was as accepted as it is today.

[Ceartas]

02:17 PM on 07/23/2010

"If she had sex reassignment surgery after they married, as she said she did, there was no legal marriage because there was no legal basis for being an opposite sex marriage."

That may be true in Texas, but my guess is Texas doesn't give a damn about the when, of it, it's likely they care only about the sex at birth. This is a state that revises history books because they aren't conservative enough.

I know a LOT of TG people who haven't followed the rules, for numerous and varied reasons, not the least of which is financial inability. Following the rules is expensive, and many TG people are financially marginalized. I don't think any amount of rule following would help TG folk living in Texas succeed in having their marriage survive a court challenge.

In other states, gender change is recognized when the petitioner submits a letter from a doctor that states that the individual has undergone a procedure or treatment that is irreversible. This is NOT limited to SRS, orchiectomy, for example, would certainly qualify.

[ddpalmerr]

04:35 PM on 07/23/2010

Sorry, why don't you read previous comments. Texas allows changes to birth certificates and the marriage license application specifical mentions change of name and change of gender paperwork as being required. So not only does Texas allow TG folk to have a legal marriage they even remind you to file the paperwork so there wont be a court challenge. And it doesn't cost any more to file then the cost for a new driver's license.

In Texas, like the 'other' states you mention the procedure is the same. You need a letter from the surgeon/doctor and the completed application for the change.

So why don't you stop acting like a professional victim. Stop making accussation about how Texas is so evil and doesn't do things like 'other' states and educate yourself on what really goes on.

[Darlie Brewster]

09:40 PM on 07/27/2010

"the facts she presented don't convince me she followed the rules"

Like you didn't follow the rules and stay a man? My god, stop telling people you are TS and using it to support discrimination of the people oppressing trans people. All your rules mean nothing because like your opinion it is worthless in the face of it. Nikki is a woman and that isn't changed by legalities. She was a woman before and after and your rules don't mean damn thing!

[ddpalmerr]

06:47 AM on 07/28/2010

Yeah lets have anarchy. Screw the rules. everybody do what they want when they want and how they want. That will make the world a better place right?

Right?

[valeskas]

12:28 PM on 07/22/2010

Leave her be, she loved him, thats good enough for me. My transgender friend, is the best friend I ever.

[jabby1999]

11:33 AM on 07/22/2010

According to her parents Nikki has AIS. Which is "A person with complete androgen insensitivity syndrome (CAIS) has a female external appearance despite a 46XY karyotype and undescended testes, a condition once called "testicular feminization" a phrase now considered both derogatory and inaccurate." Most people with AIS live their lives a Females because physically that is what they are. His ex-wife and mother should be ashamed of themselves. This is not a case of someone changing gender or going from a man to a woman.

[Kamododragoon]

07:50 PM on 07/22/2010

As an Intersex/DSD person born with Kallmann Syndrome. I can tell you straight up Nikki dose not have AIS. I know the difference between all the intersex/DSD conditions and if Nikki did have AIS you can surely tell. The first is that the body would have a hard time accepting testosterone or estrogen. Their is a distinct difference between AIS, PAIS and CAIS. None of which Nikki has.

[angelicrealtor]

12:19 AM on 07/23/2010

If this is true, I sincerely appreciate your educating me on the subject matter. It really does make a difference to me in this scenario that she was born this way. However, my only concern is the fact that she should've told her husband and let him make the decision of whether he wanted to marry her knowing this information prior to the marriage ceremony. It appears that he was deceived due to this omission unless someone is lieing and he knew what was really the deal when he married her but was being deceitful himself when he decided to to start divorce proceedings and didn't want to share his assets as done in most divorces. Regardless, I wish her the best!!!

[cs026]

09:51 AM on 07/25/2010

If people were really listening to Nikki's lawyers, instead of the family or reading biased news reports, they would know that he did know. He knew when she had the surgery, he knew when they got married. What is not being revealed in these biased news reports is that the family knew as well. These are news reports being spun by the family's lawyer. There is court evidence that the family was in court with the ex over custody matters with the children where Nikkie's surgery and so forth was discussed, prior to the husband's death. Please people, I beg you to think critically, and not trust news reports. People call up a news station for a story, and that is what the family's lawyer is doing. Then all the other stations jump on that, and reprint their story. Please, please, please think critically when you are reading!

[Margaret Alena]

03:49 AM on 07/22/2010

All Transgendered people's want is to be treated as any other citizen with all the rights we we're born in too. But since we have no longer except our previous lives, most of our rights that we enjoyed have been denied us. We want to be able to marry whom every we so choice and we feel this is everyones right, not just a Transgender or GLBTQ issue their are many Trans people that are not Gay at all, but we still support those that are. I live a celabate life style by choice, because I just don't want the baggage of the problems associated with relationships at present.
I was involved long ago with a man when I was younger and we loved eachother but we new it was an up hill fight and it was just to hard in our eyes to live in that kind of world at the time. Its amazing how one matures with the years though. I put up with more now then I did then. My stand is not so much for me as for the younger Transpeople that are coming after me. I would like to see them live whole happy lives one day.

[nhunter]

10:08 AM on 07/22/2010

Thanks for sharing your perspective.

[Margaret Alena]

03:26 AM on 07/22/2010

(Continued)
We are women that we're born in the wrong body sex wise. There are many men and woman like us, as their are gay and lesbian men and women. We did not ask to be born with these conditions, but was made this way by what every reason nature had fo us to come out as we have. I tell you it has been a living hell living as a woman in a male body, and for many like me as well as those born female and having to live as a female when they did not think of their bodies as being female. You can't even begin to know how we feel. I thank everyone of my allies for loving me as a human being enough to try and understand and support us all no matter what. My family supports me and so do my friends and I feel so fortunate. Many like us don't have that luxury and lose everyone in their families mostly for religous reasons which is so sad, to lose family you always thought love you, only to find out they never did. I ask you to try to put yourselves in our place and think about it in your heart how you would feel if it we're you in our place. Try to live as we do, with fear all our lives of being told we are freaks and such aweful names I will not repeat.

[Margaret Alena]

03:25 AM on 07/22/2010

Everytime I think there is progress toward getting all my citizen's right's back (as I am guaranteed by the constitution) I again must face this nightmare of my rights being violated, yet again by anyone with more attacks on me and those like me. For one thing! she had SRS. 2nd she had her name and gender changed as well. A gender marker tells on your documents that your male or female. So with this said if she was still refurred to as male on her birth records then the marker change the Texas legislator recognised as a female sex change and by the courts then the State of Texas has purposefully lied to the people of our state. In so many ways that one has issues with the honesty of the Texas law makers. Why are we having to fight this issue time and time again with conservatives? Why is this and issue still to this very day? Have we not grown up yet? It bothers me that we still let the religous right tell us what we are doing is immoral and against Gods laws and the laws of nature. I am a Christian and practice my faith, but I do not push this faith on others and believe it is a personnal choice to believe in religion at all. I and many like me, and their is many faucets of this culture of Transgendered indviduals. Myself I am TS Transsexual and so is Nikki Araguz.

[ddpalmerr]

07:06 AM on 07/22/2010

Nice rant. Do you feel better now?

The problem wasn't an issue with Texas or Texas law. Texas law allows you to have your birth certificate changed, after which you are legally considered to be your after surgery sex and not your birth sex. But just like changing your name, you are required to get a court order and file the necessary paperwork. Nikki didn't do this. So her fault and not the fault of Texas or Texas laws.

[valeskas]

12:13 PM on 07/22/2010

You say Texas, of course she would have been affraid to do so in Texas. Most of the homophopes live south. Not to many years back, some people down there, tied a black man to a truck and killed him. Now that is what they call texas justice, I call it murder.

[mrsLambert]

01:43 PM on 07/22/2010

If what you are saying is true, (and I hope you are right) then I think it would be a good idea to make doctors inform their patients that they need to file paperwork. Ignorance of the law is not considered a defense, but ignorance should be discouraged through education at every opportunity.

[Mister Biggles]

07:40 AM on 07/22/2010

Q- Do you have an obligation to be honest with other before engaging in sexual relations or relationships with them the truth about your past?

[Julie90210]

11:46 PM on 07/22/2010

"Fraud" is a valid reason in the State of Texas for having a marriage annulled. If her husband knew on the day they married that she was born anatomically male, that wouldn't be grounds for claiming fraud.

The bigger problem is going to be that she hadn't had sex reassignment surgery prior to their marriage. That's where, in my opinion, she is going to have problems.

[graciesgra]

12:02 AM on 07/22/2010

How do we know what the husband knew? Isn't it possible that he knew what his wife was and accepted her as she was? And would have wanted her to at least have something? His family seems very vindictive to say the least. It would appear as if they thought that this woman was trying to pull a fast one, and maybe she was. Or maybe she was just trying to live the life she thought she was meant to live. There's an awful lot of judging going on here.

[nhunter]

10:19 AM on 07/22/2010

Did you read the article?

"Nikki married Thomas in August 2008, but in April of this year, their attorney informed Thomas of his wife's previous identity and they separated."

[graciesgra]

12:12 AM on 07/23/2010

Well, I guess he must have felt betrayed. But why did the attorney feel the need to butt in? You said "their" attorney? The husband and wife's or the parents? Obviously, if Nikki hadn't told her husband before the marriage that was a problem. Or, maybe she had and when the s**t hit the fan he was embarrassed and didn't want people to know. I guess we'll never really know. It was not the business of the attorney to tell anybody. And, if he knew, why didn't he tell him before they were married? Or was the husband just looking for a reason to get out of the marriage?

[cs026]

09:57 AM on 07/25/2010

Do you believe everything you read? Seriously?

You point to the article as proof? Have you read any others because they say different things?

[danusgram]

08:37 PM on 07/21/2010

they sepearted if he wanted her to have his assets he should just willed them to her after he found out who she really was ...this is a good Springer show.

[cs026]

09:59 AM on 07/25/2010

You can't will death benefits, because you don't know you are going to die.

So the settlement is over her widow's benefits, something the news isn't saying because it is being biased.

He also left her as a beneficiary on an insurance policy, and they want that, even though her name was on it, he designated her as the beneficiary and had all the time in the world to change that, but didn't.

PEOPLE PLEASE STOP BELIEVING EVERYTHING YOU READ!

[danusgram]

11:42 AM on 07/25/2010

yes you can!

[Charles Celeste Hutchins]

03:12 PM on 07/21/2010

It is completely unnecessary to share the former name of the widow.

[mrsLambert]

03:50 PM on 07/21/2010

I agree. Just because the information is widely available in other news stories, HuffPo had an opportunity here and it isn't too late; they can come in and edit the name out. Let people click through links and find that info somewhere else.

[valeskas]

12:14 PM on 07/22/2010

I am totally with you on that.

[brennan1975]

01:33 PM on 07/21/2010

Lots of people lie about a lot of things when they get married and we all know that's a fact. The issue here is that these 2 people were married and the family now want's the deceased husbands assets. What happens behind closed doors in a when 2 people are married is no ones business, even his families. The bottom line is they were married and she out lived him period. If he didn't want her to have anything he would have seen to that right away and if he didn't well that's the families loss and her gain. The fact that she was once a man has no merit at all in this conversation.

[mrsLambert]

03:53 PM on 07/21/2010

The fact that Texas does not respect the new gender doesn't surprise me. I never thought about whether or not the person's new sex would be legally recognized, but now that I have, it didn't take me long to disagree with Texas law.

It isn't the first time I have disagreed with Texas law, either.

[ddpalmerr]

07:09 AM on 07/22/2010

Except you are wrong. Texas will respect the new gender. But just like if you want to change your name, to make it legal you have to file the appropriate paperwork.

So the fault lies with her for not filing the paperwork.

[ddpalmerr]

07:11 AM on 07/22/2010

"The bottom line is they were married and she out lived him period."

No the bottom line is that legally they were never married because she didn't follow the laws of Texas to have her legal gender changed. No legal marraige, no right to his assets.

"The fact that she was once a man has no merit at all in this conversation."

It wouldn't if she had done the paperwork to change her legal gender.

[livingintexas]

06:45 PM on 07/24/2010

Like I said above, paperwork schmaperwork. None of it will protect you from the Texas Littleton law. All the paperwork in order and signed and sealed means nothing if your sex/gender is challenged because then a TExas judge can quote Littleton and it is all over. This whole case is transphobic, just like the Littleton law is transphobic. Basically, Littleton and what is happening to Mrs Aruguz is a clear case of discrimination and legal bias and the homophobes and transphobes will come out en masse. All I can hope is that this case shines light on the Littleton and it will be challenged and overthrown so that once the transition is complete individuals are legally recognized and can't have all that taken away because Texas thinks you are the gender and sex that "god" gave you at birth. And yes, Littleton law is motivated by religion. Another reason it should be overturned.

[cs026]

10:02 AM on 07/25/2010

You are wrong.

[4evryoung]

01:00 PM on 07/21/2010

http://abclocal.go.com/ktrk/video?id=7563539&pid=7565587

This is an interview with Nikki refuting the idea that her husband did and didn't know about her.

[bobbiisadukefan]

03:26 PM on 07/21/2010

D@nG! I have concluded after listening to this interview that hubby did not know.