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

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

The Surrogate is required to audit the accounts of all fiduciaries

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

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

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

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

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

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

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

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

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

In terroram clause

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

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

Posted in *All Posts, *Published case, Divorce, Last Will & Testament, Life insurance, Life Insurance after divorce

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

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

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