Estate, Probate & Elder Law
Browse published legal information questions related to Estate, Probate & Elder Law.
How do I divide a pension that was earned partly before and partly during marriage?
In Minnesota, a pension that was earned partly before marriage and partly during marriage is usually treated as a mix of nonmarital and marital property. In general, the portion earned before the marriage may be consider...
How do I claim unclaimed property for a relative who died without a will?
In Iowa, unclaimed property belonging to a person who died without a will is usually claimed through the rules that apply to the person’s estate and to the state’s unclaimed property process. In general, that means you m...
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...
What happens if my spouse says they will quit their job to avoid support?
In Colorado, a spouse generally cannot control a support case simply by saying they will quit their job. If a court is asked to decide support, it usually looks at the parties’ actual financial circumstances, not just a...
Is it legal for my spouse to take my name off a joint bank account?
In general, it may be possible for a spouse to remove your name from a joint bank account, but the answer depends on how the account is titled, the bank’s own rules, and whether both account holders are required to make...
What are my rights if my elderly parent fell at a nursing home and broke a hip?
If your elderly parent fell at a nursing home and broke a hip, you may have concerns about safety, medical care, and whether the facility may be responsible. In general, nursing homes have duties to provide reasonable su...
How do I claim funds from a closed bank that no longer exists in Vermont?
If a bank has closed or no longer exists, the money connected to your old account may not be gone, but the process for finding and claiming it can be complicated. In general, dormant accounts, returned deposits, cashier’...
Can I Transfer a Vehicle Into My Name Only Without Refinancing?
In California, it may be possible to put a vehicle title in your name only without refinancing, but it depends on whether there is an existing loan, who is listed on the title, and what the lender allows. Title transfer...
What happens if my spouse dies before the divorce is finalized in Alaska?
If a spouse dies before a divorce is finalized in Alaska, the divorce case usually ends because there is no longer a marriage to dissolve. In many situations, the surviving spouse may still have legal rights that come fr...
What are my rights if my spouse transferred money to a foreign bank account?
If your spouse transferred money to a foreign bank account, you may have several possible concerns, especially if you are in Tennessee and the money came from marital funds. In general, money earned during the marriage a...
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...
Do I have to provide probate documents to claim a deceased parent’s escheated funds?
In Rhode Island, you may have to provide probate documents to claim escheated funds belonging to a deceased parent, but the exact documents usually depend on how the property is being claimed and who is making the claim....
Can prepaid debit card balances be subject to escheatment laws in West Virginia?
In general, yes. Prepaid debit card balances may be subject to escheatment laws if the funds are considered abandoned property under West Virginia law and no valid activity occurs for the applicable period. Whether a par...
Can Someone Inherit a House That Sits on Land Owned by Another Family Member?
Yes, in general, a person may inherit a house even if the land underneath it is owned by another family member, but the answer depends on how ownership is structured and what the property records say. In Massachusetts, a...
What are my rights if my ex moved the kids in with grandparents but still collects child support?
In general, if your ex no longer has the children living with them and the children are instead living with grandparents, that may matter a lot for child support and custody issues in Kansas. Child support is usually mea...