HUDSON COUNTY MEDIATION

The daughter challenged her deceased mother's testamentary capacity. Further, she claimed the executrix under the will (the mother's niece) had exerted undue influence on the mother. Although there was a confidential relationship between decedent and her niece, shifting the burden to defendant to disprove undue influence, the judge found the niece met that burden. While decedent wanted the niece to get her an attorney, and the niece did not do so, but bought a "do-it-yourself" will kit, all witnesses testified the decedent was strong-willed and did not change her mind once she made it up. The witnesses also testified the decedent was disappointed in her daughter for not spending more time with her granddaughter; and she had said on a number of occasions she wanted to split her estate 50/50 between plaintiff and the granddaughter, exactly what was provided for in the will. Undue influence was properly rejected.       I/M/O Estate of Rubino, New Jersey App. Div., May 1, 2007