Estate, Probate & Elder Law
Browse published legal information questions related to Estate, Probate & Elder Law.
What are my rights if my stock dividends were escheated after mail was returned once?
In Tennessee, if stock dividends were sent to you and later treated as unclaimed property because mail was returned, you may still have rights to try to recover the money. In general, escheat does not mean the property i...
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 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...
Do I have to pay child support if my parental rights were terminated?
In general, termination of parental rights can change a parent’s future child support obligation, but it does not always erase every support-related duty automatically. In Montana, the effect usually depends on how and w...
Can I Protect My Interest in My Father’s House if There Was No Will in Illinois?
If your father died in Illinois without a will, his property is usually handled under Illinois intestacy law. That means the house may pass according to state law rather than according to informal family expectations or...
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 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 are my rights if my retirement plan account was transferred to the state as abandoned?
In Maryland, if a retirement plan account is treated as abandoned and transferred to the state, you usually do not lose ownership of the money simply because it was turned over. In general, the state holds abandoned prop...
The florist delivered the wrong flowers for a funeral. Can we ask for more than a refund?
In Pennsylvania, a wrong flower delivery for a funeral may be more than a simple customer-service problem, but the available remedies usually depend on the facts. In general, if a florist delivered the wrong arrangement,...
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...
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...
Can I get child support if the father is paid in cash and says he has no income?
Yes, possibly. In Ohio, a parent’s child support obligation is generally based on income and other financial facts, not just what the parent says on paper. If a father is paid in cash, works off the books, is self-employ...
Do I have to go through probate in Alabama if my parent died with only a bank account and a car?
In Alabama, the answer is usually: maybe, but not always. If your parent left only a bank account and a car, probate may or may not be necessary depending on how those assets were titled, whether they had a beneficiary,...
What happens if my unclaimed property was sent to the wrong state?
If unclaimed property was reported or sent to the wrong state, the issue is usually one of administration rather than ownership. In general, the money or property does not stop belonging to the owner just because it was...
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...