Appellate Division Affirms that Claims Relating to Estate Issues are Under the Jurisdiction of the Chancery Division
Brodsky v. Estate of Goodman, Docket No. A-0592-23, 2025 WL 1024243 (N.J. Super. App. Div. April 7, 2025)
Plaintiff Eleanor Brodsky (“Eleanor”) appealed two Law Division orders which denied her motion for a change of venue, granted the defendants’ motion to dismiss her complaint without prejudice, and directed her to refile in the Chancery Division, Probate Part. Philip Goodman died on January 9, 2023. Eleanor, who married the decedent in 2007, discovered after his death that annuities meant for her benefit were missing and had been transferred to accounts benefiting the decedent’s heirs.
Eleanor filed a complaint in the Law Division, alleging breach of contract, conversion, fraud, and civil conspiracy and seeking punitive damages. The defendants moved to dismiss the complaint for lack of subject matter jurisdiction, arguing that the Law Division did not have jurisdiction over estate matters. The Law Division judge agreed, stating that the issues pertained to the administration of the estate and should be heard in the Probate Part pursuant to R. 4:3-1.
On appeal, Eleanor argued that the defendants did not present sufficient evidence to support their motion to dismiss and that she should be permitted to re-file in the Law Division. However, the Appellate Division affirmed the Law Division’s decision, agreeing that the proper venue for the complaint was the Probate Part, and found no abuse of discretion in denying the change of venue. The Appellate Division concluded that the complaint involved estate issues under the jurisdiction of the Chancery Division.