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IN RE ESTATE OF SHINN

925 A.2d 88 (2007)

394 N.J. Super. 55

In the Matter of the ESTATE OF Edward H. SHINN, IV, deceased. Stacey Shinn, Individually, Plaintiff-Appellant, and Stacey Shinn, as Guardian Ad Litem of the Infant, Samantha Shinn, Plaintiff, v. Bonnie Schaal, as Guardian Ad Litem of the infant, Jodi Shinn, Edward V. Shinn, V, Individually, Courtney Shinn, Individually, and Stephen Shinn, Executor and Trustee for the Estate of Edward Shinn, IV, Defendants-Respondents, and Bonnie Schall, Individually, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided June 20, 2007.

Attorney(s) appearing for the Case

Francis G. Grather, Morristown, argued the cause for appellant (The Margolis Law Firm and Broderick, Newmark & Grather, attorneys; Martin G. Margolis and Mr. Grather, on the brief).

Barbara Strapp Nelson, Lawrenceville, argued the cause for respondent Bonnie Schaal, as guardian ad litem for Jodi Shinn, and respondents Courtney Shinn and Edward Shinn, V (Stark & Stark, attorneys; Ms. Nelson, of counsel and on the brief).

Steven Pontell, Fort Lee, argued the cause for respondent Stephen Shinn, Executor and Trustee for the Estate of Edward Shinn, IV (Herold & Haines and Verde, Steinberg & Pontell, attorneys; Mr. Pontell, Martine Pierre-Paul and John Loalbo, of counsel and on the brief).

Before Judges PARKER, C.S. FISHER and YANNOTTI.

The opinion of the court was delivered by

FISHER, J.A.D.

In this appeal, we consider, among other things, whether the trial judge properly invoked the doctrine of equitable estoppel in order to enforce plaintiff Stacey Shinn's premarital waiver of an elective share to the estate of her late husband, Edward Shinn, IV, which, in the circumstances, was otherwise rendered unenforceable by N.J.S.A. 3B:8-10 and

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