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People establish trusts for many different reasons, most commonly to provide management of assets for individuals who may not have the ability to handle financial matters, to protect assets from creditors of beneficiaries, to avoid probate and maintain pr

13 Feb 2012, 8:30 am by PaulKostro

” Fidelity Union Trust Co. v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

Guest Post: Fidelity Bonds and Cybercrime Policies: 2015 Year in Review

14 Mar 2016, 2:56 am by Kevin LaCroix

When Gibson needed more money, Herdering contacted Robert Carlson, an Assistant Vice President at Avon State Bank, who issued a loan to Herdering and invested $60,000 of his own money. [read post]

The D & O Diary - http://www.dandodiary.com/

The doctrine of probable intent

13 Feb 2012, 8:28 am by PaulKostro

Fidelity Union Trust Co. v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

The idea of anyone deliberately purposing to die testate as to a portion of his estate and intestate as to another portion is so unusual in the history of testamentary disposition as to justify almost any construction to escape it

13 Apr 2011, 9:08 am by PaulKostro

” Fidelity Union Trust Co. v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

The reformation of a trust agreement in a probate action requires clear and convincing proof of the testator’s intent

28 Sep 2011, 1:15 pm by PaulKostro

In Fidelity Union Trust Co. v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

When interpreting the meaning or effect of a term in a will, deed or trust, or like instrument absolutely transferring property, the court’s search is for the probable intention of the testator or settlor

22 Dec 2010, 3:13 pm by PaulKostro

Union Trust Co. v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

The doctrine of probable intent is not applicable where a Will is clear on is face and there is no failure of any bequest or provision

3 Aug 2009, 8:13 am

Div. 1997) (stating “[u]nder the probable intent doctrine, New Jersey courts construe wills to ‘ascertain and give effect to the probable intention of the testator’”) (quoting Fidelity Union Trust Co. v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

Adoption and a testator’s probable intent

13 Apr 2011, 10:12 am by PaulKostro

” Fidelity Union Trust co. v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

The doctrine of probable intent has no application in the absence of a will

29 Dec 2010, 12:50 pm by PaulKostro

See, e.g., In re Estate of Payne, 186 N.J. 324, 335 (2006) (holding, “[i]n interpreting a will, our aim is to ascertain the intent of the testator”); In re Estate of Dawson, 136 N.J. 1, 9 (1994) (instructing that, in considering application of the testator’s probable intent, a court must “look first to the testator’s will”); Branigan, supra, 129 N.J. at 331 (viewing the doctrine of probable intent as “[a] leading principle governing will… [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

Ademption by satisfaction

7 Dec 2010, 9:27 am by PaulKostro

” We continue to adhere to the view of the doctrine of probable intent expressed in Fidelity Union [Trust Co. v. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

Chira: Equitable Subordination, Insider, Joint Ventures, Fiduciary Duties, Constructive Fraud, Civil Conspiracy, Section 105 (a), Reverse Piercing

1 Jul 2007, 8:23 am

Union Fidelity Life Insurance Co., 439 So.2d 904, 906 (Fla. 2d DCA 1983); Liappas v. [read post]

Miami Florida Bankruptcy Law - http://jbublick.blogspot.com/

The doctrine of probable intent is a rule of construction or of interpretation and, therefore, presupposes an existing testamentary disposition

9 May 2011, 8:21 am by PaulKostro

In re Estate of Payne, 186 N.J. 324, 335 (2006); Fidelity Union Trust Co. v. [read post]