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The family of a Wharton firefighter who died battling a massive egg farm blaze is fighting to keep his widow from receiving death benefits, arguing that the 37-year-old had found out his bride of two years was born a man.

Thomas Araguz III separated from his wife after learning her history two months prior to being trapped in the fatal July 3 fire, according to attorney Chad Ellis, who is representing Araguz's parents in the lawsuit.

"He was distraught. It was extremely difficult and embarrassing for Tommy," said Ellis, who added that there is no will for the estate, which will be substantial since the fire captain died in the line of duty.