The 13th Texas Court of Appeals on Thursday sent Nikki Araguz's case back to the lower court, saying the questions of her sex and whether the marriage was a same-sex marriage have not been answered.
A Wharton County judge ruled three years ago that the marriage between Araguz and her husband Thomas Araguz was "void as a matter of law."
Thomas Araguz' mother and his first wife had challenged the marriage's validity. They argued the fallen firefighter's estate should go to his two sons because Nikki Araguz was born a man and thus the marriage was not binding under Texas law.
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