Much of the “action” in probate litigation these days does not involve challenges to testamentary dispositions. Instead, I see more of a trend in my practice of challenges to beneficiary designations. Those include designations for:
Typically, a letter to an institution asserting a challenge will be sufficient to put payment in suspense. That will lead to a period of opportunity for negotiation and, failing that, an interpleader suit. I have encountered a few situations where a financial institution, usually a brokerage, will demand a court order freezing an account. That typically means suing the institution and obtaining a TRO. That is not my preferred route, but sometimes necessary. The institution will respond with an interpleader, seeking to deposit the funds and be discharged from liability. That will allow the competing claimants to battle over the funds.
Common claims in a beneficiary dispute: