Estate, Probate & Elder Law
Browse published legal information questions related to Estate, Probate & Elder Law.
What are my rights if my spouse is hiding cash income from rental properties?
If you are in Oklahoma and believe your spouse is hiding cash income from rental properties, you may have rights depending on whether the rental income is separate property, marital property, or tied to jointly owned ass...
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...
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...
Can an old money order or cashier’s check be sent to the state as unclaimed property?
In Utah, an old money order or cashier’s check may sometimes be turned over to the state as unclaimed property if it remains unclaimed for long enough and the holder is required to report it under Utah’s unclaimed proper...
How do I revoke a prenuptial agreement after we are married?
In general, a prenuptial agreement does not have to last forever. After marriage, spouses may sometimes revoke or replace it if both agree and the change is made in a legally proper way. In Vermont, the specific rules ca...
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...
Can I get divorced if my spouse is in the military and deployed overseas?
Yes, in general, you may still be able to file for divorce in Wyoming even if your spouse is in the military and deployed overseas. A deployment does not automatically stop a divorce, but it can affect how the case moves...
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 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...
Can my bank send my checking account to the state as unclaimed property if I have not used it in three years?
In California, a bank account may be treated as unclaimed property if there has been no customer activity for a long period and the bank cannot reach the owner. In general, that means the account has become dormant or in...
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,...
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 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...