Fortunato

BACKGROUND

Decedent, Robert Fortunato, died on November 4, 2002. On February 7, 2003, his daughter, llene Fortunato Ingrassia (real party in interest), filed a petition for letters of administration, alleging that the decedent had died intestate. A few days later, real party in interest filed a petition for letters of special administration, alleging that decedent had purportedly executed a will on December 20, 1994, but that it had not been executed as required by law and therefore had no effect, or it was revoked or presumed revoked prior to death, or procured by fraud or undue influence.

A week or two later, decedent’s brother, Anthony M. Fortunato (petitioner here), filed a petition to probate the decedent’s 1994 will, and the two matters were later consolidated. The will left essentially all of decedent’s real and personal property to Anthony, and included a provision disinheriting his ex-wives, children, and grandchildren, “to the fullest extent permitted by law.” Real party in interest filed a will contest alleging, among other things, that Anthony used undue influence to cause the decedent to execute the will.

In June 2003, real party in interest caused a…