Will Contests & Will Disputes

A spendthrift trust is one type of estate planning tool that should be considered when your looking to protect you’re money from creditors, avoid probate and make sure the beneficiaries don’t receive the transferable assets as one lump sum after death of the grantor. The spendthrift trust ultimately limits the assets available to the beneficiary and protects the rest of the assets still in the trust from creditors. The trust retains most of its assets, depending on how it is structured, for an extended period of time.

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Are you excluded from a will but believe you have the right to inherit? You might be pondering, ‘can someone not named in a will contest it?’ The answer hinges on several factors such as your familial relationship, state inheritance laws, and the specifics of the will. Throughout this article, we’ll unpack the circumstances under which individuals not named in a will can challenge its terms, the concept of legal standing, and the strategies to navigate this complex legal terrain.

If two people listed as power of attorney disagree and cannot resolve their conflict, the matter may be taken to court, particularly probate court, to determine the principal’s wishes and potentially modify or revoke the conflicting powers of attorney. The court can also appoint a new power of attorney to ensure the principal's interests are protected.