The plaintiff, Marjorie Fister, is the mother of defendant Kevin Edward Fister. In 2010, the defendant, along with his wife and four adult children, moved into plaintiff’s home with her. Mrs. Fister’s health declined and, in 2012, she moved into her daughter’s New York home. However, the defendant and his family remained in Mrs. Fister’s home. Defendant refused a request from his mother, through her attorney, to leave her home so that it could be sold to provide funds for her care at an assisted living facility. He and his family remained in Mrs. Fister’s home, residing rent-free.

Therefore, Mrs. Fister filed a complaint for a writ of possession against the defendant and his family. In response, the defendant filed a Chancery Division action claiming that his mother was incapacitated and unable to manage her affairs. In April 2013, the Chancery Division determined that Mrs. Fister was competent, and the defendant’s complaint was dismissed. Mrs. Fister filed a motion for summary judgment in February 2014, seeking to eject the defendant and his family from her home.

In the meantime, the defendant also filed a New York complaint for guardianship. That action was successful and, in December 2014, the New York court declared Mrs. Fister incapacitated and appointed Paul Mederos, Esq. as her guardian.

In March 2015, the New Jersey trial court held oral argument on the plaintiff’s pending summary judgment motion. During oral argument, the defendant’s attorney acknowledged that the defendant had no evidence to document that he had an ownership interest in his mother’s home. Mrs. Fister’s guardian was present at oral argument, and he advised the court that he had already applied to the New York court for permission to sell Mrs. Fister’s home to pay for her care. The New Jersey trial court granted summary judgment to the plaintiff and signed a writ of possession, concluding that the defendant had no ownership interest and no right to continue to live there rent-free. The defendant appealed that decision.

In April 2015, the New York court granted the guardian’s request to sell Mrs. Fister’s home.

Oral argument on the writ of possession order was held before the New Jersey Superior Court, Appellate Division. At oral argument, the defendant’s counsel advised the court that the defendant and his family had vacated Mrs. Fister’s home in response to the writ of possession, and conceded to the court that the defendant’s appeal was now moot.

The appellate court agreed, and dismissed the appeal.

A copy of Fister v. Fister  can be found here – Fister v. Fister

For additional information concerning nursing home law and litigation, visit: https://vanarellilaw.com/nursing-home-law-litigation/

For additional information concerning probate litigation and will contests, visit: https://vanarellilaw.com/will-contests-probate-litigation-elder-abuse-actions/#iplwc