Estate of Quarg
New Jersey Superior Court
938 A.2d 193 (2008)
- Written by Sean Carroll, JD
Facts
Barbara Quarg (defendant) and Robert Quarg were married. The couple separated but never divorced. Subsequently, Robert started a relationship with Francine Quarg (plaintiff). The couple never got married but had a son and bought a house together, lived together for over 40 years, and held themselves out to be husband and wife. Robert died intestate. Francine filed a complaint claiming she was entitled to a portion of Robert’s estate. The probate court found that Barbara was not entitled to a portion of Robert’s estate based on intestacy statutes and granted Francine an equitable remedy by imposing a constructive trust on the surviving spouse’s share of the estate, in favor of Francine. Barbara appealed, claiming that because she never divorced Robert, she was entitled to the surviving spouse’s share of the estate.
Rule of Law
Issue
Holding and Reasoning (Lintner, J.)
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