Origin
The name is derived from Matter of Totten, 179 N.Y. 112 (1904), the case decided by the Court of Appeals of New York which established the legality of this practice. Although this method of creating a trust did not meet the formal requirements of trust creation, or the testamentary formalities required to make a valid will, the Court noted that such an arrangement typically involved a small amount of money left by a person of modest means, who could not otherwise afford to establish a legal mechanism for passing the specified property. For this reason, the device is sometimes called a "poor man's will". The funds in question are not subject to probate and, if held in a bank account, are insured in the same manner as any deposit. The beneficiary has no access to the account until the depositor's death and need not be notified that the account exists. This is also called a tentative trust because it is contingent upon the death of the settlor or creator of the trust account.
Read more about this topic: Totten Trust
Famous quotes containing the word origin:
“In the woods in a winter afternoon one will see as readily the origin of the stained glass window, with which Gothic cathedrals are adorned, in the colors of the western sky seen through the bare and crossing branches of the forest.”
—Ralph Waldo Emerson (1803–1882)
“For, though the origin of most of our words is forgotten, each word was at first a stroke of genius, and obtained currency, because for the moment it symbolized the world to the first speaker and to the hearer. The etymologist finds the deadest word to have been once a brilliant picture.”
—Ralph Waldo Emerson (1803–1882)
“Art is good when it springs from necessity. This kind of origin is the guarantee of its value; there is no other.”
—Neal Cassady (1926–1968)