Will Contests & Will Disputes

Totten trusts are essentially bank accounts with a named beneficiary. They are another tool in your estate planning toolkit and can help some of your assets avoid probate upon death. You may have also heard the term, “payable-on-death account” used interchangeably with Totten trust, and that’s because they are basically the same thing. They are both informal revocable trusts that are made when the account holder signs an agreement with the bank which details instructions on how to distribute the contents of the account to the named beneficiaries upon the death of the account holder.

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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.

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.