Court finds bequest exhausted to pay for caretakers In the Matter of the Estate of Hoffman

Court finds bequest exhausted to pay for caretakers In the Matter of the Estate of Hoffman

Appellants appealed from an order of the Chancery Division, Probate Part, dated February 18, 2020, which found that a specific bequest to them in decedent's Last Will and Testament was lost, disposed of, and no longer available. Decedent's wife died intestate on June 1, 2016. At the time of her death, they had been married more than fifty years. They had no children, but had a close relationship with the wife's brother and his three children. Decedent was his wife's sole heir and he obtained letters of administration for her estate. Decedent died on April 4, 2018. On October 1, 2018, decedent's brother filed a verified complaint in the trial court seeking to have the will, executed on August 2, 2016, admitted to probate. In the will, decedent appointed his brother to act as executor of his estate and exercise all of the powers under N.J.S.A. 3B:14-23. Appellant filed an answer to the complaint. Decedent's brother testified at hearing that the funds in the accounts left to appellants in the will were spent by the time of decedent's death. The judge found the funds were exhausted and there was no evidence of undue influence or other wrongdoing, so the bequest to appellants was adeemed. On appeal, the court affirmed the lower court's decision. The evidence showed the money bequested to appellants was spent by decedent in order to pay for his caretakers and other expenses. source https://www.law.com/njlawjournal/almID/1615407760NJA345519/