IN THE MATTER OF THE TRUSTS TO BE ESTABLISHED IN THE MATTER OF MARGARET A. FLOOD, DECEASED
A-1643-09T1 12-29-10
Even though the decedent had engaged in estate planning, she never executed a will. Nevertheless, the trial judge utilized the doctrine of probable intent to permit the establishment and funding of supplemental benefit trusts for decedent's two disabled daughters to insulate their inheritances from reimbursement liens. The court reversed, holding that the doctrine of probable intent is a rule of will construction which cannot be used to create a testamentary disposition when a decedent dies intestate.
