Wills, Trusts & Estates keyed to Dobris
Wingate v. Estate of Ryan
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Plaintiff Joanne Wingate was born in December 1963 and her mother, Rachel Parsio, was married to Willard Wingate at the time of her birth. Parsio and Wingate divorced in 1970 and Wingate passed away in 1988. In February 1995 decedent, John Ryan, died intestate. Ten days before his death Plaintiff was informed by her mother that Ryan was her natural father. Ryan had a close relationship with Plaintiff and purchased gifts and paid for substantial expenses of the Plaintiffs. During his lifetime Ryan threatened to cut of ties and support if it was made public that he was Plaintiff’s father. Plaintiff filed a complaint to establish that she and her son were the heirs of Ryan. A DNA test was conducted and proved that Ryan was Plaintiff’s natural father. Defendants filed a motion for summary judgment alleging that Plaintiff failed to comply with the twenty-three year limitations period under the New Jersey Parentage Act. The trial court originally granted summary judgment bu t later on a motion for reconsideration vacated its decision and transferred the matter. The appellate court granted summary judgment and Plaintiff now appeals.
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