Surrogate Edward McCarty III
The complaint was filed on behalf of decedent Celentano’s brother, Marciante, against decedent’s sister, Bonelli, and decedent’s nieces and nephews. The complaint alleged decedent’s purported will was never offered for probate, instead, Bonelli’s daughter acted without authorization as a de facto estate representative who collected and distributed all estate assets without regard to the purported will’s provisions. Marciante claimed that among those assets was a joint stock brokerage account with rights of survivorship in the names of Marciante and Bonelli. In an effort at “Medicaid” estate planning, the account was closed less than three weeks before Celentano’s death, and a check was issued to Marciante and/or Bonelli and deposited into a new account in their names. That account was subsequently closed six months after decedent’s death and a check was made payable to Bonelli. The court noted it was not satisfied that Celentano had sufficient capacity to sign a 2004 letter directing the closing of the brokerage account. It also found the brokerage account was a tenancy in common belonging one third to Bonelli, one third to Marciante and one third to decedent’s estate. Bonelli was required to pay one third of the account to each of the three co-tenants.
