Estate, Probate & Elder Law
Browse published legal information questions related to Estate, Probate & Elder Law.
Do I have to disclose a trust fund in my prenuptial agreement in Rhode Island?
In general, if you are making a prenuptial agreement in Rhode Island, a trust fund is the kind of financial interest that usually should be disclosed. Prenuptial agreements are often scrutinized for fairness, and full fi...
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...
How do I prove a pattern of harassment if most of it happened through Instagram messages?
If most of the conduct happened through Instagram messages, the messages themselves may be some of the most important evidence of a pattern of harassment. In general, a pattern is usually shown by repeated conduct, not b...
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...
What happens if my name is misspelled on the state unclaimed property website?
If your name is misspelled on a state unclaimed property website, it usually does not mean the money or property is not yours. Unclaimed property databases often contain old, incomplete, or inconsistent records, so a spe...
How do I update a prenuptial agreement after we buy a house together?
In North Carolina, couples often update a prenuptial agreement after buying a house together by signing a written amendment or a new agreement that clearly addresses the home and any related debts, payments, and ownershi...
Do I have to report unclaimed property from a small business I closed five years ago?
In general, you may still have reporting duties after closing a small business, including in Oregon, if the business held money or other property that became unclaimed before it shut down or while records were still acti...
What are my rights if child support services lost record of my payments?
If Idaho child support services lost record of your payments, you usually have the right to ask for a review, provide proof of payment, and request that the account be corrected if the records are wrong. In general, chil...
How Do I Reopen an Abuse Case Previously Closed for Lack of Evidence?
In Kansas, a closed abuse case is sometimes reviewed again if new information comes to light, but reopening is usually not automatic. Whether a case can be reopened often depends on why it was closed, what type of case i...
How do I prove an inheritance should not be divided in equitable distribution?
In Georgia, the basic question is usually whether the inherited property can be traced as separate property rather than marital property. In general, an inheritance received by one spouse may stay that spouse’s separate...
What happens if I found unclaimed property under my old address from 12 years ago?
If you found unclaimed property tied to an old address from 12 years ago, the main question is usually whether the property is actually yours, whether you still have a legal right to claim it, and whether the holder or s...
Can a prenup cover student loan debt from before the marriage?
Yes, in general, a prenuptial agreement can address student loan debt that existed before the marriage, including how that debt will be treated during the marriage and if the couple later separates or divorces. In Virgin...
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,...
Can You Sue and Win Over a Parent’s Last-Minute Will Change?
A last-minute change to a parent’s will can sometimes be challenged in Oregon, but only if there is a recognized legal reason to do so. In general, a court does not overturn a will just because family members think the c...
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...