Middlesex County Prosecutor’s Office

                                 25 Kirkpatrick Street, 3rd Floor, New Brunswick, New Jersey, 08901 (732) 745-3300

 

                                *News Release*          Date: July 27, 2009

 
 

 

 


South Plainfield woman charged in estate theft

 

 

 

Middlesex County Prosecutor Bruce J. Kaplan today announced the indictment of a South Plainfield woman, who was charged with stealing about $35,000 from the estate of a late relative.

 

J. B. Schmidt, (DOB 11/21/39) of Park Avenue in South Plainfield, was indicted by a Middlesex County grand jury on Friday, July 24, 2009, on three counts involving the theft of cash from the estate between October 2006, and December 2007.

 

In a case presented by Middlesex County Assistant Prosecutor Brian D. Gillet, the grand jury charged Schmidt with misapplication of entrusted property, theft, and theft by failure to make the required disposition of property received.

 

In addition, the grand jury, sitting in New Brunswick, charged Schmidt with theft, and theft by failure to make the required disposition of property received when she accepted four pension checks from the State of New Jersey and deposited them in the estate between April 2007, and December 2007.

 

The grand jury handed up the third-degree charges after Investigator Brian Gilmurray, of the Middlesex County Prosecutor’s Office, determined that approximately $35,000 was taken from the Estate of Mary Gaydosh, 86, of Perth Amboy.

 

Schmidt, who was a cousin of Ms. Gaydosh, was named executrix of the estate following the Perth Amboy woman’s death on Oct. 14, 2006.

 

In the subsequent months, an unidentified relative, who was named beneficiary of the estate, repeatedly inquired about proceeds from the estate, but never received a response from Schmidt.

 

In December 2007, the unidentified relative obtained a court order dismissing Schmidt as the executrix. The relative contacted an attorney, who notified police after it was determined Schmidt was taking funds from the estate to pay for personal items.

 

Schmidt wrote more than 20 checks from the estate, payable to ‘’cash,’’ and used estate funds to make improvements to her home, and to place a $1,000 down payment on her own gravesite.

 

She also took funds to pay $3,100 to an attorney who represented her in an unrelated municipal court matter in South Plainfield, and used estate money to pay $528 in court fines.

 

In addition, the grand jury charged that following the death of Ms. Gaydosh, Schmidt continued to accept pension checks totaling $1,800 and deposited them in the estate.

 

As is the case with all criminal defendants, the charges against Schmidt are merely accusations and she is presumed innocent until proven guilty.