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In re Estate K.J.R.

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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted January 29, 2002

Petitioner, Bonnie G., appeals from a judgment of the Chancery Division, Probate Part, granting the motion of the administratrix of her husband’s estate for summary judgment, and dismissing her petition to be substituted as administratrix. The parties appear to agree that such substitution would, in essence, recognize petitioner’s intestate share as surviving spouse of Kevin R.. Respondent, Mildred R., decedent’s mother, was appointed administratrix ad prosequendum after presenting a death certificate indicating that Kevin was divorced at the time of death. She claims that she thought that the divorce proceedings had been finalized by the time of Kevin’s death and notes that petitioner executed a renunciation of “any claim … to Letters of Administration . . . and request[ed] they be granted to” respondent. In any event, respondent now asserts that the property settlement agreement (“PSA”), executed by petitioner and Kevin in March of 1991, acted as a renunciation of all rights petitioner may have had to the estate and its administration.

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