IN THE MATTER OF THE SETTLEMENT OF THE ACCOUNTS OF JOSEPH UNANUE AND FRANK UNANUE, TRUSTEES UNDER THE TRUST AGREEMENT DATED NOVEMBER 16, 1970, AS AMENDED, BY AND AMONG PRUDENCIO UNANUE, AS GRANTOR, AND PRUDENCIO UNANUE, JOSEPH UNANUE AND ANTHONY UNANUE, AS TRUSTEES OF SIXTEEN TRUSTS THEREUNDER., 311 N.J. Super. 589

Summary

Appellant, disinherited son, sought review of the lower court's grant of summary judgment to respondents, beneficiaries and trustees of a trust. Appellant claimed that he was entitled to an inheritance because the laws of Puerto Rico and not New Jersey applied, and that he was denied procedural due process. Appellant had entered an agreement with respondents which waived his interest in assets contained in the trust; however, he later claimed entitlement to an inheritance claiming the waiver was void because Puerto Rican law governed the estate under which he could not be disinherited. The court held that there was no legal basis upon which appellant could successfully argue that he was entitled to a share of the trust because it was determined that the decedent's domicile was in New Jersey, and New Jersey law did not prohibit the disinheriting of an adult child. The court also held that the trust shares, which appellant claimed were community property of the decedent's spouse based on...