Legal Opinion
In re the Estate of Penna
New Jersey Superior Court Appellate Division
Decided June 29, 1999PublishedCited by 5 opinions
1Opinion of the Court
The opinion of the court was delivered by
NEWMAN, J.A.D.
This appeal presents a challenge to a joint survivorship mother-daughter account under the Multiple-Party Deposit Account Act, N.J.S.A. 17.16I-1 to -17 (the Act), whereby a rebuttable presumption of survivorship is established. Because of the confidential relationship between the mother-daughter, the surviving daughter, in order to claim entitlement to the account, must show that the creation of the joint account was free of undue influence and intended as an inter vivos gift. If the daughter fails to do so, a joint survivorship account…
2Cases cited13 opinions
- Dolson v. AnastasiaSupreme Court of New Jersey · 1969
- Pascale v. PascaleSupreme Court of New Jersey · 1988
- Haynes v. First Nat'l State Bk. of NJSupreme Court of New Jersey · 1981
- In Re Estate of LienemannNebraska Supreme Court · 1986
- Estate of Wenzel-Mosset Ex Rel. Gaukler v. NickelsNorth Dakota Supreme Court · 1998
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Estate of Ostlund v. OstlundNew Jersey Superior Court Appellate Division · 2007
- CARBONE v. CARBONE, ESQ.District Court, D. New Jersey · 2025
- IN THE MATTER OF THE ESTATE OF ERNA M. JONES DAVID J. JONES, ETC. VS. BARBARA E. ADAMS (2015-1966, BURLINGTON COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2018
- IN THE MATTER OF THE ESTATE OF GERALDINE FRANKLIN (211575, OCEAN COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2020
- Sicardi v. DirectorNew Jersey Tax Court · 2011