In the Matter of the Estate of Elizabeth Tanksley, Docket No. A-1056-11T2 (Jan. 18, 2013), the Appellate Division addressed the effect of an Administrator’s fraud on the time limits of R.4:85-1.      By way of background, the decedent died intestate on January 13, 2000. She was survived by six adult children. At the time of her death, the decedent resided in a house in Camden, New Jersey. The estate included a life insurance policy and a piece of real property. The insurance proceeds were used to pay decedent’s funeral costs. However, the estate was not otherwise administered for several years, and during that time the real property remained vacant.      At some point during that time, one of the decedent’s daughters moved into and began to maintain the real property. Then, in 2005, she submitted an Affidavit of Heir to the Camden County Surrogate seeking title to the real property. In the portion of the affidavit requiring the listing of the names, residences, and relationships of all heirs of the decedent, she only listed herself. She also certified that she had “presented for filing the consent of all of said heirs who have capacity to consent” and was therefore … Continue reading →