Di Bella v. Di Bella

BERMAN, J.S.C.

The question before this court is simple and straightforward, and apparently res nova: if a plaintiff in a matrimonial matter dies intestate while her divorce complaint is pending, who becomes Administrator of her estate1 — her estranged husband, or son from her prior marriage? The factual and procedural histories are equally simple and straightforward and, hence, set forth.

Noreen Di Bella (hereinafter referred to as “Noreen”) filed a Complaint for Divorce, and other relief including equitable distribution of property acquired during the marriage, on October 31, 2003. She died…