Will provided for the residue to pass in equal shares to the two grandchildren and, if a grandchild was under the age of 25, his or her share was to be held in trust until age 25 or, if incapacitated, … Continue reading
Category Archives: Opinions
An allegation that the decedent wanted to “discuss” adding the plaintiffs to his will or making gifts to them is not sufficient to state a cause of action for intentional interference with an inheritance, and there is no cause of … Continue reading
It is proper for a court to enforce a prior settlement order against an insurance company for a wrongful death and survival action, even though the settlement amount exceeds the policy limits, when the initial release was prepared by the … Continue reading
Although the trustee had the discretion to deny requested withdrawals by the beneficiary if in the opinion of the trustee the beneficiary is suffering from a disability that renders him unable to manage his own affairs, the trustee failed to … Continue reading
There was evidence of donative intent by the decedent to give her former son-in-law $500,000, but not $1,000,000, so the transfer of $1,000,000 by the decedent was a partial gift, but the gift was invalid because of the presumption of … Continue reading
In a challenge to the validity of a deed executed seven months before the death of the decedent, the petitioner did not provide clear and convincing evidence of lack of capacity or weakened intellect when witnesses provided conflicting accounts of … Continue reading
In a non-precedential decision, the Superior Court has affirmed that tangible personal property (wine collection, paintings, and lawn equipment) acquired during the marriage for the use of both spouses may be considered to be held as tenants by the entireties … Continue reading
A previous judge had found that the termination fee claimed by the corporate trustee was reasonable, and a hearing on the issue was not required, so the current court was bound by that earlier decree under the coordinate jurisdiction rule. … Continue reading
The corporate trustee will not be surcharged for failing to diversify the investments of a trust when (a) the trust document specifically authorized the retention of the investments used to fund the trust and (b) the trust document directed that … Continue reading
That the decedent was named as the father of the claimant on her birth certificate, together with testimony that the decedent “held out” the claimant as his daughter by allowing her to reside with him when she was a child, … Continue reading