Release* Date: July 27, 2009
County Prosecutor’s Office
*News Release* Date: July 27, 2009
County Prosecutor Bruce J. Kaplan today announced the indictment of a
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.
addition, the grand jury, sitting in
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
who was a cousin of Ms. Gaydosh, was named executrix of the estate following
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.
also took funds to pay $3,100 to an attorney who represented her in an
unrelated municipal court matter in
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.