In re the Estate of Schifftner

The opinion of the court was delivered by

SELTZER, J.S.C. (temporarily assigned).

This dispute between Richard Schifftner, (to whom we refer as “plaintiff”), and his sister, Linda Jackson (“defendant”), requires a determination of plaintiff’s ability to contest the probate of his mother’s will more than four months after it had been admitted to probate. The judge initially considering the issue decided plaintiff’s challenge to the probate of his mother’s will was untimely filed and dismissed the complaint. We agree with the result, although for reasons other than those expressed by the motion…