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IN RE ESTATE OF FLOOD

Docket No. A-1643-09T1.

9 A.3d 1086 (2010)

417 N.J. Super. 378

In the Matter of the Trusts to be Established in the Matter of the ESTATE OF Margaret A. FLOOD, Deceased.

Superior Court of New Jersey, Appellate Division.

Decided December 29, 2010.

Attorney(s) appearing for the Case

Paula T. Dow , Attorney General, attorney for appellant New Jersey Department of Human Services, Division of Medical Assistance and Health Services and Division of Developmental Disabilities ( Melissa H. Raksa , Assistant Attorney General, of counsel; Dianna Rosenheim , Deputy Attorney General, on the brief).

Law Office of Donald D. Vanarelli , attorneys for respondent John Flood, Administrator of the Estate of Margaret A. Flood ( Donald D. Vanarelli , of counsel; Mr. Vanarelli and Whitney W. Bremer , Westfield, on the brief).

Before Judges CUFF, FISHER and FASCIALE.

The opinion of the court was delivered by

FISHER, J.A.D.

The record in this probate matter demonstrates the decedent had engaged in estate planning but never executed a will by the time of her death. Notwithstanding, the judge utilized the doctrine of probable intent in permitting the establishment and funding of supplemental benefit trusts for decedent's two disabled daughters. Because the doctrine of probable intent—a rule of will construction—...

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