Appellate Division Affirms that the Slayer Statute Does Not Expand to Suicide as a Result of Marital Discord
In re Jason Y. Liaban, Docket No. A-1435-23, 2025 WL 747482 (N.J. Super. App. Div. March 10, 2025)
Maria Y. Liaban (“Mother”), the mother of Jason Y. Liaban (“Decedent”), appealed an order that dismissed her complaint against Kriezl L. Liaban (“Decedent’s wife”) with prejudice. Decedent, a police sergeant, committed suicide on March 30, 2023, leaving behind his wife and four minor children. Mother alleged that the Decedent’s wife’s actions, including emotional distress and an extramarital affair, led to Decedent’s suicide. Maria sought to remove Decedent’s wife as the administrator of Decedent’s estate, claiming negligence and wanton disregard for Decedent’s life.
The court found no basis for Mother’s claims and appointed a guardian ad litem (GAL) for the children to ensure their interests were protected. The GAL’s report concluded that the best interests of the children would be served by leaving the estate under Decedent’s wife’s control, as Mother could not provide a valid reason for removing her. The court dismissed Mother’s complaint with prejudice, affirming Decedent’s wife’s position as the estate’s administrator.
On appeal, Mother argued that the probate court erred by not considering N.J.S.A. 3B:7-1.1(a) (the “Slayer Statute”) and equitable factors. Mother claimed the Slayer Statute should be expanded to include suicide resulting from marital discord. The Appellate Division declined to expand the Slayer Statute and found that Mother’s claims under the Slayer Statute were without merit, as Decedent’s wife was not criminally responsible for Decedent’s death. The court also noted that Mother’s equitable arguments were not raised in the probate court and declined to consider them.
The Appellate Division affirmed the probate court’s decision, finding no abuse of discretion.