In re the Estate of Pessoni
11 Misc.3d 245 (2005)
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Rule of Law:
Under EPTL 4-1.4, a parent is disqualified from inheriting from a deceased child's estate if they failed or refused to provide for, or abandoned, the child before age 21, even if they paid child support, unless the parental relationship was subsequently resumed and continued until the child's death. The criteria of 'failure to provide support' and 'abandonment' are distinct, and proof of either is sufficient for disqualification.
Facts:
- Jason Pessoni died intestate on May 20, 2005, survived by his parents, John Pessoni and Mary Ann Loehmann, and his brother, Eric Pessoni.
- John Pessoni and Mary Ann Loehmann separated when their sons, Eric and Jason, were very young.
- In 1983, John Pessoni remarried, and in 1985, he and his new wife had a son.
- Sometime in the mid-1980s, John Pessoni stopped seeing or talking to Eric and Jason, and in 1989, he gave up trying to maintain contact when Jason was 14 or 15 years old and moved upstate.
- John Pessoni never saw or spoke to Jason from the time Jason was approximately 15 years old through to his death.
- During his estrangement, John Pessoni paid child support for Jason pursuant to a court order.
- Jason wrote at least two letters to John Pessoni in 1993 while in the Marine Corps, but John Pessoni never saw or had any contact with Jason after Jason left the Marines.
- John Pessoni attributed his estrangement from Jason to Mary Ann Loehmann, claiming she 'poisoned' the sons against him.
Procedural Posture:
- Jason Pessoni died intestate on May 20, 2005, leaving an estate including personal property and a cause of action for wrongful death and conscious pain and suffering.
- On June 15, 2005, John Pessoni (decedent’s father) filed a petition for letters of administration in Surrogate's Court, Suffolk County.
- On July 15, 2005, Mary Ann Loehmann (decedent’s mother) filed a petition for letters of administration in Surrogate's Court, Suffolk County.
- On July 27, 2005, Mary Ann Loehmann filed objections to John Pessoni's petition.
- On August 22, 2005, John Pessoni filed objections to Mary Ann Loehmann's petition.
- Mary Ann Loehmann subsequently moved for summary judgment requesting the court to apply EPTL 4-1.4 to disqualify John Pessoni from inheriting from Jason's estate.
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Issue:
Does a parent's payment of court-ordered child support, despite a complete lack of personal contact, care, and guidance for over 15 years, preclude a finding of abandonment under EPTL 4-1.4, thereby allowing them to inherit from their deceased child's estate?
Opinions:
Majority - Julie A. Campbell, S.
No, a parent's payment of court-ordered child support, even in the absence of personal contact, care, and guidance for an extended period, does not preclude a finding of abandonment under EPTL 4-1.4, which can disqualify them from inheriting from their deceased child's estate. The court found that John Pessoni's own deposition testimony clearly established he had no contact with Jason since at least 1989, through Jason's death, with the exception of a few letters in 1993. The court emphasized that EPTL 4-1.4 sets forth two distinct criteria for disqualification: failure to provide support and abandonment. Proof of either is sufficient. The statute's purpose is to prevent a parent who has been absent from a child's life from sharing in their estate. While John Pessoni paid child support, the abandonment contemplated by the statute refers to the neglect or failure to fulfill the responsibility of care and guidance, which is separate from financial support. The father's arguments regarding mitigating circumstances, such as the mother allegedly thwarting visitation, were deemed immaterial because the sole inquiry is whether the parent, by their own voluntary action, discontinued personal training and care duties. If John Pessoni believed visitation was denied, he had legal remedies available to him, which he did not pursue, thus evincing an intent to voluntarily relinquish his rights. Therefore, the court concluded that John Pessoni was disqualified from sharing in Jason’s estate due to abandonment and lacked standing to receive letters of administration.
Analysis:
This case significantly clarifies the interpretation of New York's EPTL 4-1.4 by firmly distinguishing between a parent's duty of financial support and their duty of care and guidance. It establishes that fulfilling the former does not absolve a parent of the latter, making it harder for absent parents to claim inheritance from a child's estate merely by virtue of having paid support. The ruling also underscores that alleged mitigating circumstances, such as parental alienation by the other parent, are generally irrelevant to a finding of abandonment if the parent failed to pursue available legal remedies to maintain contact, reinforcing the principle of personal responsibility for parental duties.
