EDGEWATER NEW JERSEY BERGEN COUNTY DIVORCE LAWYER PALIMONY

In an appeal by the decedent's wife, the Appellate Division reverses the trial court order that imposed a constructive trust on the wife's share of the decedent's intestate estate in favor of the decedent's companion, with whom the decedent had lived since shortly after his estrangement from his wife 40 years before. This was because (1) the evidence was sufficient to establish a question of fact as to whether there was an implied promise by the decedent to ensure that the companion would receive adequate provision during the remainder of her life and (2) the trial court erred by relying on the equitable principle of constructive trust and should have relied on contract principles.    In Re Estate of Quarg, ___ N.J. Super. ___(App. Div. 2008); January 21, 2008