In the Matter of the Estate of Piszczatoski
Appellate court rejects claims by children disinherited
Plaintiffs appealed from the dismissal of their complaint to invalidate a deed transferring the parties' deceased father's home to defendant and to compel defendant to submit decedent's 1968 will to probate. In response, defendant produced wills purportedly executed by decedent in 2002 and 2007 that expressed his desire to disinherit plaintiffs.
The trial court held a bench trial focused on plaintiffs' claim that defendant had unduly influenced decedent to execute the 2007 will. The trial court ultimately rejected plaintiffs' claims and admitted the 2007 will to probate.
On appeal, plaintiffs argued that the trial court demonstrated bias in favor of defendants and omitted or misquoted key evidence. The court rejected plaintiffs' arguments and affirmed the trial court's judgment.
The Appellate court found that plaintiffs' appeal was largely centered on their disagreement with the trial court's view of the evidence. However, the Appellate court ruled that the trial court had correctly applied the relevant legal principles in rejecting plaintiffs' complaint after finding that they had failed to overcome the presumption against undue influence. The Appellate court noted that plaintiffs had not maintained a relationship with their father for years prior to his death following a rift in the family, making it not unusual that decedent would choose to disinherit them.
Source https://www.law.com/njlawjournal/almI...
IN THE MATTER OF THE ESTATE OF PETER J. PISZCZATOSKI, deceased. ________________________
SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION
DOCKET NO. A-5407-18
Argued June 8, 2021 – Decided July 1, 2021
Before Judges Fisher, Gilson and Gummer.
On appeal from the Superior Court of New Jersey, Chancery Division, Bergen County, Docket No. P- 000071-18.
PER CURIAM NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
