In re Estate of Santolino

Superior Court of New Jersey, Chancery Division · Family Law

Family LawAnnulmentStandingPosthumous challenge to marriageN.J.S.A. 2A:34-1void vs voidable marriageposthumous annulmentlack of capacity to marry

Facts

Petitioner Lillian E. Centeno lived as a tenant in Manuel Santolino's home beginning in 2000. Santolino was hospitalized in March 2004, diagnosed with lung cancer, released on April 1, married petitioner on April 27, and was readmitted on May 11 before dying on May 20, 2004, without a will. The decedent was eighty-one and one-half years old and petitioner was forty-six at the time of the marriage. His sister, an intestate heir, alleged the marriage was invalid because the decedent was impotent, lacked mental capacity to marry, the marriage involved fraud as to its essentials, and equity permitted nullification.

Issue

May a court annul a marriage after the death of one party to the marriage, and if so, on which statutory grounds? Also, does the decedent's sister as an intestate heir have standing to challenge the marriage's validity?

Rule

Under N.J.S.A. 2A:34-1, an intestate heir has standing to challenge a decedent's marriage if the heir's inheritance depends on the marriage's validity. A claim under subsection (c) for impotency is a voidable, private cause of action available only to a party to the marriage and cannot be pursued posthumously by a third party. A claim under subsection (d) based on lack of capacity to consent is not barred posthumously and may support a judgment of nullity because such incapacity renders the marriage void ab initio; fraud claims under subsection (d) are not categorically barred posthumously but must be pleaded with particularity; and subsection (f) contains no textual bar to posthumous equitable annulment.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Newark, Daniel Rios died intestate two months after marrying Maya Trent. Daniel’s adult sister, Elena Rios, files a chancery action alleging the marriage was void because Daniel lacked mental capacity at the ceremony, and under intestacy she would inherit if the marriage is invalid but nothing if it is valid.

Does Elena have standing to bring the action?

Explanation. Standing is broadly construed. An intestate heir has standing where the heir has a sufficient stake, real adverseness, and a substantial likelihood of harm from an unfavorable decision. Because Elena would inherit if the marriage is annulled and receive nothing if it is upheld, she is a real party in interest and may sue. (Derived from In re Estate of Santolino (n.d.).)