Category: Last Will & Testament

A child may bring an action against a parent, while the parent is still alive, to enforce an oral promise to leave assets to him or her upon the parent’s death

The Surrogate is required to audit the accounts of all fiduciaries

A will which on its face appears to be validly executed, may be set aside if it is tainted by undue influence

If a claimant received timely notice of probate proceedings, there is no cause of action for tortious interference with an anticipated inheritance outside of a will contest

New Jersey law does not prohibit the disinheriting of an adult child

A contingent devise does not have a cause of action for tortious interference with their anticipated inheritance when the testator/devisor sold the property during his life

In terroram clause

The omitted spouse statute applies only to wills, and does not extend to nonprobate assets such as a life insurance policy

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

In the absence of directions to the contrary, taxes shall be apportioned to transferees in proportion to the assets they received