Mrs. Nikki Araguz is the widow of a Wharton Co. fire fighter killed in the line of duty. In a compound tragedy, Mrs. Araguz’s in-laws are attempting to void her marriage, claiming that she is a transsexual woman and as such her marriage is unlawful and only they should inherit Mr. Araguz’s estate or benefit from his insurance and pension.

The family and ex-wife of the firefighter who died battling a massive egg farm blaze is fighting to keep his widow from receiving any death benefits. They are arguing that the 37-year-old had not known his bride of two years was born a man. They would like to claim all his pension, even take the couples home, belongings and combined earned assets for themselves.

The family filed a lawsuit last week in state district court by the firefighter's mother, Simona Longoria. 35 year old, Nikki Araguz has been court-ordered not to remove property from their home, or withdraw funds from accounts.

The family claims, Thomas Araguz learned during a custody dispute with his ex-wife last spring that 35-year-old Nikki Araguz, whom he married in August 2008, was born as Justin Graham Purdue. Nikki Araguz declined Sunday to discuss her gender history, and insisted that her husband knew everything about her personal life when they married in August 2008. She also said the couple was not separated.

The Texas Court will try to decide who will be the administrator of the estate and whether Nikki Araguz will be recognized as Thomas Araguz' lawful wife. Nikki Araguz, born in California and raised in northwest Houston.

The court order never, claimed that the firefighters parents intended to give money to Thomas’s children. The intent to give the money to the kids is absent in the injunction filed by his ex-wife and the in-laws.

The family has publicly claimed they want all the death benefits to go to the two young sons that Araguz had with ex-wife Heather Delgado. However, the ex-wife and in-laws injunction asked for all widow benefits to go to the Thomas’s ex-wife and in-laws (along with 100% of the couple’s belongings), and not the children specifically. The injunction appears to be a money-grab on the part of the ex-wife and in-laws.

Legal counsel stated Regardless of whether Nikki wins, the children will both receive money. The ex-wife and in-laws they made the claim that Nikki was trying to somehow keep the children from receiving money. This is a false accusation. It appears that Nikki was the bread winner in the marriage and participated in paying her husband’s child support.

Nikki has publicly pledged that she will use her portion of the benefits to help support the children as she has throughout the marriage. Nikki closed her magazine, Wharton County Living, immediately following her husband's death.

The Transgender Foundation of America says, “This will be a landmark case. We face a long legal battle, which will likely reach the U.S. Supreme Court and will define future law on transgender recognition and same-sex marriage. If we are going to win and protect Nikki from the deplorable actions of her in-laws we will need the funds to stage a first rate legal defense.”

The lawsuit, slated for Friday in Wharton County District Court, which is likely to lean on a 1999 state case law prohibiting same-sex marriage and maintaining a person's gender forever remains the same as it was at birth. An old law which disregards the trans gender community completely.

"We had a completely honest marriage, a 100 percent loving, honest marriage," Nikki said. "I am grieving the loss of my husband and best friend."