Blog Archives

The recipient of the alleged gift must show by clear, cogent and persuasive evidence that the donor intended to make a gift

Posted in *All Posts, *Published case, Gifts


Posted in *All Posts, Gifts

The undue influence test for inter vivos transfers

Posted in *All Posts, Gifts

A valid and irrevocable gift

Posted in *All Posts, Gifts

A stated intention to leave property to a child does not constitute an enforceable contract

Posted in *All Posts, Agreements, Contracts, Gifts, Last Will & Testament, Will & Testament

A spouse’s conveyance of a home, during the marriage, that the spouse had exclusively owned before the marriage

Posted in *All Posts, Divorce, Equitable-distribution, Gifts

There is a presumption on death in favor of survivorship rights to the joint bank account holder unless there is clear and convincing evidence of a different intention at the time the account is created

Posted in *All Posts, Death, Elder Law, Gifts, Property

A gift will be subject to distribution if it was used to finance the marital lifestyle, or it was placed in an account which regularly received deposits of income and earnings from the party’s employment or received deposits of other non-exempt monies

Posted in *All Posts, Divorce, Equitable-distribution, Gifts

There is a presumption that a gift made by a decedent during his life is taxable as a testamentary substitute if the same was made in contemplation of death or is intended to take effect in possession or enjoyment at or after such death

Posted in *All Posts, Gifts, Last Will & Testament, Probate

Interspousal gifts are subject to equitable distribution

Posted in *All Posts, Divorce, Equitable-distribution, Gifts

Contact Information:

Paul G. Kostro, Esq.
116 South Euclid Avenue
Westfield, NJ 07090
Tel: 908-232-6500
Fax: 908-232-2277
Please review our Confidential Mediation services; and visit our NJ Collaborative Divorce webpage.
To post (subject to approval) a general public question or comment, go HERE.