In the Matter of the Estate of Cordasco, No. A-4981-16T3, 2018
In the Matter of the Estate of Cordasco, No. A-4981-16T3, 2018 WL 6186306 (N.J. Super. Ct. App. Div. Nov. 28, 2018).
The decedent died intestate. His son sought appointment as administrator of the estate and an order to invalidate the inter vivos transfer of a condominium to his sister, the decedent’s daughter. Id. at *2. The trial court found a confidential relationship between the decedent and his daughter, but no undue influence in the transfer of the condominium. Id. In light of the court’s finding that a confidential relationship existed, the burden shifted to the daughter to demonstrate, by clear and convincing evidence, that she did not unduly influence the decedent in the transfer of the condominium to her. Id. at *4. The court stated, “[the daughter] has proved clearly and convincingly…there was no deception of her father…there was no undue influence…[the decedent] well understood what he was doing.” Id. Accordingly, judgment was entered in favor of the daughter. The Appellate Court affirmed for substantially the same reasons expressed in the trial judge’s “cogent oral decision.” Id. at *5.