Estate, Probate & Elder Law
Browse published legal information questions related to Estate, Probate & Elder Law.
Do I have to pay taxes when I recover money that was escheated years ago?
In general, recovering money that was previously escheated does not automatically mean you owe tax on the recovery. The tax treatment usually depends on what the money originally was, whether you already paid tax on it,...
Do I have to restart my forgiveness count if I switch from one government job to another?
In general, switching from one government job to another does not automatically mean you have to restart a forgiveness count. Whether prior service still counts usually depends on the specific forgiveness program, the em...
Do I have to pay support if my spouse is voluntarily unemployed?
In Alabama, the answer depends on what kind of support is involved and why the person is unemployed. Courts generally look at the actual facts, not just the income shown on paper. If a spouse is voluntarily unemployed or...
Is it legal for a state to keep interest earned on money after it is escheated?
In general, the answer depends on the law that governs the unclaimed property and on what happened to the money while the state held it. Escheat or unclaimed property laws usually let the state take custody of abandoned...
How do I dispute an unclaimed property claim that someone else already filed under my name?
If someone else already filed an unclaimed property claim under your name, that can raise identity, ownership, or authorization concerns. In general, you may need to contact the state unclaimed property office, explain t...
Do I have to split my retirement account if most of it was earned before marriage?
In Oregon, the answer is often: not necessarily, but maybe in part. Retirement accounts are commonly divided in divorce based on what portion was accumulated during the marriage versus what portion was accumulated before...
Is it legal for a bank to freeze my account before escheating it?
In general, a bank may have legal and contractual reasons to place a hold or freeze on an account before any unclaimed property process, including escheatment, takes place. But a freeze is not the same thing as escheatme...
Do I have to divide a 401(k) if my spouse never worked during the marriage?
In Pennsylvania, a spouse’s lack of outside employment during the marriage does not automatically prevent a 401(k) from being divided in divorce. In general, retirement accounts earned or built up during the marriage may...
Is it legal for a family member to record a private phone call about an inheritance dispute?
In California, the legality of recording a private phone call often depends on whether all parties to the call consented to the recording. California is generally treated as a two-party consent state, which means a perso...
Is it legal for a family member to record a private conversation about elder care decisions?
In Pennsylvania, whether a family member may legally record a private conversation about elder care decisions usually depends on who is speaking, where the conversation happens, and whether the people involved know about...
What are my rights if my apartment elevator has been broken for a month and I live on the sixth floor?
If you live in Oregon and your apartment elevator has been broken for a month, you may have tenant rights if the problem makes the building unsafe, significantly interferes with your use of the home, or suggests the land...
What happens if my deceased spouse’s unclaimed property is listed without a beneficiary?
If a deceased spouse’s unclaimed property is listed without a beneficiary, the property usually does not simply disappear. In general, the holder or state unclaimed property program may require proof of who has the legal...
Is it legal for a state to sell the contents of an escheated safe deposit box?
In general, yes, a state may be allowed to sell the contents of an escheated safe deposit box after the property is treated as unclaimed or abandoned under the applicable state law. In Hawaii, as in many states, the stat...
Is it legal for a company to take a percentage of my unclaimed property recovery?
In general, a company may be allowed to charge a fee for helping recover unclaimed property, but the exact legality usually depends on Indiana law, the type of property involved, the contract terms, and how the company o...
How do I claim an old utility deposit that shows up as unclaimed property?
In North Carolina, an old utility deposit that appears on an unclaimed property list usually means the utility company reported money it could not return to you after your account ended. In general, the state holds that...