Without Written Palimony Pact, Court Declines to Award Share of Estate
The longtime live-in girlfriend of a wealthy Jersey Shore mattress magnate will not be allowed to share in any portion of his estate.
November 17, 2017 at 02:44 PM
5 minute read
The longtime live-in partner of a wealthy Jersey Shore mattress magnate will not be allowed to share in any portion of his estate, despite allegedly saying he would provide for her in the event of his death, a New Jersey appeals court ruled.
In an unpublished opinion Nov. 17, a two-judge Appellate Division panel said Barbara Terranova had no claim to any of the assets of Stuart Paer.
In short, Judges Carmen Alvarez and Greta Gooden Brown said that, since there was no written palimony agreement stating that Paer would take care of Terranova's future, she could not state a claim.
The ruling described Paer as a “retail mattress tycoon,” but did not detail the size of his estate. The lawyers representing Terranova and Paer's daughters—who are challenging Terranova's demands for a share of Paer's estate—did not return calls seeking more information.
Terranova and Paer were involved in a relationship from 1996 to 2011, the ruling said.
“Over the course of the couple's 15-year relationship, they worked together, lived together, traveled together, and existed as a family unit,” the appeals court said. “They held themselves out to the world as husband and wife.”
The suit claims that Paer promised that he would provide for Terranova financially. However, the appeals court noted that the promise was never put in writing, as required by a 2010 law enacted by the Legislature and affirmed by the state Supreme Court in its 2014 ruling, Maeker v. Ross.
In his will, Paer named his two daughters, Natasha and Alyssa Paer, as his sole beneficiaries, even though the ruling said Terranova acted as their mother.
The daughters are fighting Terranova's challenge to a trial judge's ruling that she has no claim to Stuart Paer's estate.
The appeals court noted that the lawsuit must also be subject to the doctrine of finality, especially since it has been pending for nearly seven years.
“To rule otherwise would severely and unfairly prejudice defendants,” the judges said.
Angelo Sarno of Roseland's Snyder Sarno D'Aniello Maceri & da Costa represented Terranova. Matthew Fiorovanti of Giordano, Halleran & Ciesla in Red Bank represented Paer's estate.
ShutterstockThe longtime live-in partner of a wealthy Jersey Shore mattress magnate will not be allowed to share in any portion of his estate, despite allegedly saying he would provide for her in the event of his death, a New Jersey appeals court ruled.
In an unpublished opinion Nov. 17, a two-judge Appellate Division panel said Barbara Terranova had no claim to any of the assets of Stuart Paer.
In short, Judges Carmen Alvarez and Greta Gooden Brown said that, since there was no written palimony agreement stating that Paer would take care of Terranova's future, she could not state a claim.
The ruling described Paer as a “retail mattress tycoon,” but did not detail the size of his estate. The lawyers representing Terranova and Paer's daughters—who are challenging Terranova's demands for a share of Paer's estate—did not return calls seeking more information.
Terranova and Paer were involved in a relationship from 1996 to 2011, the ruling said.
“Over the course of the couple's 15-year relationship, they worked together, lived together, traveled together, and existed as a family unit,” the appeals court said. “They held themselves out to the world as husband and wife.”
The suit claims that Paer promised that he would provide for Terranova financially. However, the appeals court noted that the promise was never put in writing, as required by a 2010 law enacted by the Legislature and affirmed by the state Supreme Court in its 2014 ruling, Maeker v. Ross.
In his will, Paer named his two daughters, Natasha and Alyssa Paer, as his sole beneficiaries, even though the ruling said Terranova acted as their mother.
The daughters are fighting Terranova's challenge to a trial judge's ruling that she has no claim to Stuart Paer's estate.
The appeals court noted that the lawsuit must also be subject to the doctrine of finality, especially since it has been pending for nearly seven years.
“To rule otherwise would severely and unfairly prejudice defendants,” the judges said.
Angelo Sarno of Roseland's
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllRetiring AOC Director Judge Glenn A. Grant Walks Away From Judiciary 'Tremendously Impressed' by New Jersey's Judges
5 minute readDisciplinary Board Criticizes Ethics Panel for Dismissing Charges Over Improper Firm Name
4 minute readFederal Judge Pauses Trump Funding Freeze as Democratic AGs Plan Suit
4 minute readMenendez Asks US Judge for Bond Pending Appeal of Criminal Conviction
Trending Stories
- 1Morgan Lewis Says Global Clients Are Noticing ‘Expanded Capacity’ After Kramer Merger in Paris
- 2'Reverse Robin Hood': Capital One Swarmed With Class Actions Alleging Theft of Influencer Commissions in January
- 3Hawaii wildfire victims spared from testifying after last-minute deal over $4B settlement
- 4How We Won It: Latham Secures Back-to-Back ITC Patent Wins for California Companies
- 5Meta agrees to pay $25 million to settle lawsuit from Trump after Jan. 6 suspension
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250