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Wills, Trusts & Estates Keyed to Gallanis
Estate of Quarg
Citation:
938 A.2d 193 (N.J. Super. Ct. 2008)Facts
Barbara and Robert were married on September 29, 1956. On December, 1957, Barbara gave birth to twins, Robert and Patricia Quarg. Barbara and Robert lived together until October 1958, when Barbara took the children and left the marital residence. Barbara and Robert never again lived as husband and wife but they never divorced. The legal proceedings that took place between them were for visitation and child support. Robert’s visitations with the children ended by 1968. From 1969 to 2004, the only contact Barbara had with Robert was one meeting to discuss an issue regarding their son. Barbara visited Robert in hospice nine days before his death. Francine met Robert in 1961. They began a relationship shortly thereafter and Robert moved in with Francine. On November 13, 1962, a son, Jonathan, was born to the couple. Both Francine and Jonathan took Robert’s surname. The couple lived together continuously from 1961 until Robert entered a hospital in 2004, just weeks before his death. During that time period, they bought a home together, which was deeded to them as husband and wife. They also listed themselves as husband and wife on health insurance applications and also in all other respects held themselves out as husband and wife. Robert died intestate on December 8, 2004. His estate was valued at $345,568.63, of which $226,068.63 was personal property and $119,500 was real property. On June 29, 2005, Jonathan and Francine filed a Complaint and Order to Show Cause seeking to establish a legal parent-child relationship between Jonathan and Robert.
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