April 23, 2015
In re FILIBECK Estate.
LAURA J. BEAL, Defendant-Appellant HEIDI J. FILIBECK, Personal Representative of the ESTATE of STEPHEN J. FILIBECK, Plaintiff-Appellee,
COA: 315107. Menominee PC: 2011-000065-CZ.
Robert P. Young, Jr., Chief Justice. Stephen J. Markman, Mary Beth Kelly, Brian K. Zahra, Bridget M. McCormack, David F. Viviano, Richard H. Bernstein, Justices.
On order of the Court, the application for leave to appeal the June 5, 2014 judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall include among the issues to be briefed: (1) whether a constructive trust was properly imposed where the defendant raised funds from third party donors to defray a relative's unexpected medical expenses for a life threatening condition, and those funds were placed in a credit union account in the defendant's own name, which she later withdrew for her personal benefit before the relative's death; (2) whether the decedent-beneficiary of the donated funds made a valid inter vivos or causa mortis gift of the funds to the defendant, including delivery of the funds to the defendant; and (3) if there was no such valid gift, whether the trial court erred in concluding that the remaining balance of donated funds must be paid to the decedent-beneficiary's estate, cf Matter of Gonzalez, 262 N.J.Super. 456, 460-463; 621 A.2d 94 (Ch Div 1992).