FORT LEE NEW JERSEY BERGEN COUNTY DIVORCE ATTORNEY

The daughter sued her father over the settlement proceeds received from the death of the father's wife [the daughter's mother]. Although the father asserts that the monies were pooled for family purposes pursuant to an agreement reached with his children, the court finds that the facts belie any purported "pooling," thereby abrogating any alleged agreement. Moreover, the defendant is judicially estopped from relying on the validity of the claimed "pooling" agreement. The existence of such an agreement is inconsistent with a certification he provided to the court in a prior legal proceeding. Finally, whether the father acted in a fiduciary role and/or in accord with a confidential relationship with his daughter and her siblings, his use and retention of the funds cannot be countenanced. The court grants plaintiff's application to impose a constructive trust upon the defendant's funds.        Vecchiarelli v. Vecchiarelli, New Jersey Ch. Div., January 9, 2008