Transgender Woman Needs Your Support In Texas

[adorable]

Originally Posted by Cyclopea

Am I the only one wondering how on a site with 150 firefighters present an 11 year captain ends up trapped in a warehouse alone with no back-up? I am interested in the investigation results as to how, exactly, this occurred.
Highly unusual.

Actually, it happens often. Firefighting is very dangerous. I have been a volunteer firefighter/emt for several years. Fires are unpredictable. And unfortunately even if you know that one of your own is trapped inside, that doesn't mean you can attempt a rescue. Fires can actually be too hot, and command can decide not to allow anyone else in. The reason for this is because losing one is bad enough. You send two in to save that one, and the other two get into trouble, so you send two more in and then they get into trouble....
It creates a horrible domino effect.
Stories like this happen:
http://www.breitbart.com/article.php...show_article=1
http://www.wusa9.com/news/columnist/...-7-boston.html
http://www.firefighternation.com/for...ource=activity


For a family to drag this poor women through the mud like this is unbelievable and wholly unforgivable. There is no shame for some people. They probably disproved from the start and just waited for an opportunity to destroy her. Once her husband died, they had the perfect chance. Even if they lose, which I hope they do, the death by character assassination will be almost impossible for her to ever recover from. Like Dylan said, her life has been put out there and deemed newsworthy. Why isn't the focus on the fucked up dysfunctional family that thinks this is somehow ok?

[firie]

Originally Posted by adorable

Actually, it happens often. Firefighting is very dangerous. I have been a volunteer firefighter/emt for several years. Fires are unpredictable. And unfortunately even if you know that one of your own is trapped inside, that doesn't mean you can attempt a rescue. Fires can actually be too hot, and command can decide not to allow anyone else in. The reason for this is because losing one is bad enough. You send two in to save that one, and the other two get into trouble, so you send two more in and then they get into trouble....
It creates a horrible domino effect.
Stories like this happen:
http://www.breitbart.com/article.php...show_article=1
http://www.wusa9.com/news/columnist/...-7-boston.html
http://www.firefighternation.com/for...ource=activity


For a family to drag this poor women through the mud like this is unbelievable and wholly unforgivable. There is no shame for some people. They probably disproved from the start and just waited for an opportunity to destroy her. Once her husband died, they had the perfect chance. Even if they lose, which I hope they do, the death by character assassination will be almost impossible for her to ever recover from. Like Dylan said, her life has been put out there and deemed newsworthy. Why isn't the focus on the fucked up dysfunctional family that thinks this is somehow ok?

Yeah, and on the ex, in which the whole family was against in court over custody of the children before the husband died. Where is she in the news?

I think it's disgusting, and the more I read, the more disgusted I become, particularly with the family and the news.

I read the Chronicle article posted by Arwen below and I am really frustrated with that report. I think it was off base, and would like to point that out, and probably was one of the worst I have read thus far. It was shoddy reporting in my opinion and didn't even touch on half of what is going on here. And when you talk about about what the family is doing, and only quote Nikki, and not even argue her lawyer's points, then well, I would call that fucking biased.

I am also confused by reports that keep noting that this is just the poor parents and their plight to save the children. If Nikki wins, the kids still get 300,000$, and college tuition, if not more.

Not one of the articles discusses the fact that Nikki is technically homeless right now. Not one of them cares not one bit what she is going through. Not one of them that I have found (mainstream) points out how messed up this is, regardless of what the family wants. I can't find one fucking article that will weigh how gross that is toward her, in mainstream news (only news that is Nikki supportive is coming from TG networks, groups, etc, and, well, Nikki herself). If anyone comes across news information that is Nikki positive or even critiques the family, can someone please post it or send it to me via pm? I would really appreciate that.

Also, Melissa pointed me to the Huffington Post, where the discussion (comments below the article) are quite interesting: link

I would also like to note that so many of the articles say, "Lawyers say..." or "Lawyers think..." WTF is that? These local papers are talking to the family's lawyer. Period. And that lawyer is even getting everything about Littleton wrong! So deceptive. Such a prime example as to how our community gets screwed over by the "unbiased" news.

[Dylan]

Here's the latest video update of the case. The TG Center of Houston (absolutely amazing place, and makes me (sometimes) wish I lived in Houston, just so I could be a part of something so amazing...they actually have a trans archives and history library).

The next video will be of the entire press conference, and I'll post that when it comes out.

I'm writing various scathing letters to the news stations and newspapers in Houston for their incredibly biased and blatantly untrue coverage. I will be posting those later today (might be tomorrow; we have obligations today, but I'm going to try to squeeze it in) with addresses of where to send them if anyone else would like to send letters also (sending emails is a complete waste of time...please send letters, they make a much bigger impact).






Dylan

[BullDog]

The news coverage I have seen has been deplorable- that includes the so-called liberal Huffington Post which gets a two thumbs down from me on their blurb and posting a pic of Nikki Araguz that looks like a mug shot. I watched one of the tv interviews some male "news reporter" did with Nikki Araguz and wanted to punch him every time he opened his mouth. It was disgusting.

Clearly none of the reporters get that she has always been female. They are all focused on the sex change (and whether she's been trying to "fool" anyone) and trying to pinpoint when she became a woman when in fact she has always been one. She has obviously lived her entire adult life as a woman. Her name change was in 1996 and she was born in 1975, which means she was around 21 when she changed her name.

I just don't know if she will meet the "legal" definition of woman to make her marriage legal. If not I assume she will be denied just as same sex couples would be. I certainly think she is entitled to the death benefits and of course her own/ assets and joint assets that she and her husband shared. I am interested in seeing if the case sets any precedents for trans people and/or same sex couples. I looked up her attorney and she is definitely very experienced and sounds like the best one for the job.

Her husband's family and their lawyer are disgusting. They are smearing their daughter-in-law and also their son and the two boys. I can't imagine Thomas Araguz (or anyone) wanting to be remembered this way or to see his children be put through this, not to mention his wife.

[Stearns]

What happened at the court hearing that Nikki says she was pleased about? Anybody have an update?

[SuperFemme]

something has been itching at my brain.

i wonder? does the new federal hate crime legislation that covers transgender as a protected class play into what these people, the town and the media is doing to this woman?

[Soon]

Originally Posted by SuperFemme

something has been itching at my brain.

i wonder? does the new federal hate crime legislation that covers transgender as a protected class play into what these people, the town and the media is doing to this woman?

From what I understand, this new legislation covers only violence-based crimes that are committed against people due to their sexual orientation and/or gender identity.

So, if no physical violence has been committed, then I don't think this case (and community, media etc.) would fall under this Act.

[SuperFemme]

Originally Posted by HowSoonIsNow

From what I understand, this new legislation covers only violence-based crimes that are committed against people due to their sexual orientation and/or gender identity.

So, if no physical violence has been committed, then I don't think this case (and community, media etc.) would fall under this Act.

That sucks.
I consider what they are doing to this woman beyond violent, but I suppose the legal definition won't agree with me. boo.

[Melissa]

Originally Posted by Stearns

What happened at the court hearing that Nikki says she was pleased about? Anybody have an update?

All I've picked up so far is that Nikki is fine with the 50/50 split of the death benefits between herself and the two children and that she had promised her husband she would take care of them if anything happened to her.

I found out there was no will. This is all from online news sources and so how true any of this is is anyone's guess. From what I have been reading, when there is no will, Texas will divide an estate between the spouse and children. 50% goes to the spouse and the other 50% is divided among the children. So even if Nikki's marriage wasn't contested by the in laws, the 50/50 division of the death benefits would have happened at probate anyway.

This also goes for joint owned property and bank accounts. Insurance with a named beneficiary does not count and if there was a will then the property would be divided according to the will. The judge has frozen everything (but technically, as far as I can figure out, if Nikki was named beneficiary of a life insurance policy it should not have been frozen). Also, as far as I know, bank accounts are not covered by a will. You have to name a beneficiary on the account and through your bank. So I'm not sure why her bank accounts were frozen unless there was no named beneficiary on the accounts.

The inlaws are going after everything claiming the marriage is not valid. They are not content with the 50% but want the lot. On the upside for couples, if there is a will then this could ward off what is happening to Nikki because contract law will take over. We also read somewhere, and this is for couples, that it is good to have a witnessed letter in your documents stating that the husband or wife is fuly aware her/his partner is transgendered/transexual. You have to have two witnesses to this letter. I would also suggest having a lawyer draw up the letter. This can help if, again, family comes along and argues the deceased spouse did not know and was defrauded.

As usual, gay, lesbian, trans people and partners have to have all kinds of documents to protect the relationship. And we have to think of any possible eventualities that might happen and try to ward them off in case they do.

From what I've learned, a will is your best protection. I've also learned about something called right of surviorship when it comes to property. If both names are on a property make sure you set it up as right of survivorship this way, when one of you passes away, the other automatically gets the property and the property does not have to go through probate.

Melissa

[atomiczombie]

I have donated $50.00 to her legal defense fund and so have my parents. I am proud of my folks for doing this. I am praying for Nikki.

[Stearns]

Originally Posted by Melissa

All I've picked up so far is that Nikki is fine with the 50/50 split of the death benefits between herself and the two children and that she had promised her husband she would take care of them if anything happened to her.

I found out there was no will. This is all from online news sources and so how true any of this is is anyone's guess. From what I have been reading, when there is no will, Texas will divide an estate between the spouse and children. 50% goes to the spouse and the other 50% is divided among the children. So even if Nikki's marriage wasn't contested by the in laws, the 50/50 division of the death benefits would have happened at probate anyway.

This also goes for joint owned property and bank accounts. Insurance with a named beneficiary does not count and if there was a will then the property would be divided according to the will. The judge has frozen everything (but technically, as far as I can figure out, if Nikki was named beneficiary of a life insurance policy it should not have been frozen). Also, as far as I know, bank accounts are not covered by a will. You have to name a beneficiary on the account and through your bank. So I'm not sure why her bank accounts were frozen unless there was no named beneficiary on the accounts.

The inlaws are going after everything claiming the marriage is not valid. They are not content with the 50% but want the lot. On the upside for couples, if there is a will then this could ward off what is happening to Nikki because contract law will take over. We also read somewhere, and this is for couples, that it is good to have a witnessed letter in your documents stating that the husband or wife is fuly aware her/his partner is transgendered/transexual. You have to have two witnesses to this letter. I would also suggest having a lawyer draw up the letter. This can help if, again, family comes along and argues the deceased spouse did not know and was defrauded.

As usual, gay, lesbian, trans people and partners have to have all kinds of documents to protect the relationship. And we have to think of any possible eventualities that might happen and try to ward them off in case they do.

From what I've learned, a will is your best protection. I've also learned about something called right of surviorship when it comes to property. If both names are on a property make sure you set it up as right of survivorship this way, when one of you passes away, the other automatically gets the property and the property does not have to go through probate.

Melissa

Great research and advice, Melissa. Thank you.

[Dylan]

Here is another article that talks about the fact that Longoria (Nikki's former mother in law) names HERSELF (NOT 'the precious children' as she's claiming now) as heirs to Thomas' benefits and (now) 1/2 of the estate.

It also states that Nikki was named sole beneficiary of the life insurance policy.

Originally Posted by Dallas Voice

Widow Braves Hostile Court Proceedings

Houston, Texas – July 23, 2010 – Jeers and public threats greeted Mrs. Nikki Araguz outside the Warton County Courthouse today. The Widow of Wharton County firefighter Captain Thomas Araguz, who was killed in the line of duty, was in court for the first hearing in a suit brought by Araguz’s mother, Simona Rodriguez Longoria. The suit claims that Longoria should inherit Capt. Araguz’s widow’s benefits and all marital assets.

Longoria claims that since Mrs. Araguz was legally a male before transitioning to female, and legally changed her gender prior to her subsequent marriage to Capt. Araguz that Longoria, not Mrs. Araguz, should receive all benefits and joint property. This includes any income earned by Mrs. Araguz during the marriage. Mrs. Araguz was the principle wage earner of the couple.

Capt. Araguz’s two children from a previous marriage will receive one half of Capt. Araguz’s $600,000 firemen’s fallen hero benefit regardless of the outcome of this case. They are also entitled to free tuition at Texas State Schools, as will be their children.

Longoria today expanded her claims to the property of Mrs. Araguz, asking the court to seize funds paid by a life insurance policy to which Mrs. Araguz was the named beneficiary. Judge Clapp granted her request, adding those funds to the widow’s benefits and all marital assets currently being held in escrow.

In a victory for Mrs. Araguz, the Judge also prevented Longoria from spending any of those funds or disposing of Capt. and Mrs. Araguz’s marital assets.

Longoria said in court today that her goal was to “freeze Nikki out.” All of Mrs. Araguz’s assets are currently frozen and unavailable to her.

If you would like to help support Nikki in her hour of desperate need, donate to the TG Center Nikki Araguz Fund. The TG Center Nikki Araguz Fund not only supports Nikki’s ongoing legal battle, it also provides for her day-to-day needs.

Link


Oh, it also tells why she was happy about the court hearing on Friday.




Dylan

[DMW]

Originally Posted by Melissa

This also goes for joint owned property and bank accounts. Insurance with a named beneficiary does not count and if there was a will then the property would be divided according to the will. The judge has frozen everything (but technically, as far as I can figure out, if Nikki was named beneficiary of a life insurance policy it should not have been frozen). Also, as far as I know, bank accounts are not covered by a will. You have to name a beneficiary on the account and through your bank. So I'm not sure why her bank accounts were frozen unless there was no named beneficiary on the accounts.

The inlaws are going after everything claiming the marriage is not valid. They are not content with the 50% but want the lot. On the upside for couples, if there is a will then this could ward off what is happening to Nikki because contract law will take over. We also read somewhere, and this is for couples, that it is good to have a witnessed letter in your documents stating that the husband or wife is fuly aware her/his partner is transgendered/transexual. You have to have two witnesses to this letter. I would also suggest having a lawyer draw up the letter. This can help if, again, family comes along and argues the deceased spouse did not know and was defrauded.

As usual, gay, lesbian, trans people and partners have to have all kinds of documents to protect the relationship. And we have to think of any possible eventualities that might happen and try to ward them off in case they do.

From what I've learned, a will is your best protection. I've also learned about something called right of surviorship when it comes to property. If both names are on a property make sure you set it up as right of survivorship this way, when one of you passes away, the other automatically gets the property and the property does not have to go through probate.

Melissa

I don't know how i could go on and not find out about the ending to this.
Maybe i did and moved on. Never got to spend the time to read up more on it. I do remember seeing Kristen on youtube and following her updates.
Wills really are the best thing to have to protect all property assets.
Always include 2 beneficiaries. That is what i have learned.
Another important factor is to have a witness(not just primary or secondary beneficiary) or two at the signing. And yes, a Will doesn't control a bank account. A separate contract has to be drawn up at the bank.

So tragic what people have to go through just to live.
I wanna thank everyone who voiced their opinions and support etc.