09.05.2018

In the Matter of the Estate of Jerry Anthony Siracusa, III, No. A-4966-16T4, 2018 WL 3131152 (N.J. Super. Ct. App. Div. June 27, 2018)

In the Matter of the Estate of Jerry Anthony Siracusa, III, No. A-4966-16T4, 2018 WL 3131152 (N.J. Super. Ct. App. Div. June 27, 2018).

This appeal concerned the appointment of a personal representative for the estate of Jerry Anthony Siracusa, II, who died intestate. Id. at *1.  The decedent’s father applied to be appointed as the personal representative of the estate. Id.   The birth mother and legal guardian of the decedent’s two children also sought that appointment but was denied; the father was appointed.   Id.  The trial judge reasoned that the birth mother would derive no benefits from the estate.

The birth mother appealed. She argued that she was not notified of the father’s application or his appointment as the personal representative of the decedent’s estate. Id.  She also argued her sons – the decedent’s heirs – would be the estate beneficiaries.

The appellate court reversed and remanded, reasoning that appellant’s rights were disregarded. Id. at *3.