Estate, Probate & Elder Law
Browse published legal information questions related to Estate, Probate & Elder Law.
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...
Do I have to hire a locator company to recover escheated funds?
In general, no—you usually do not have to hire a locator company to recover escheated funds in South Carolina. Escheated or unclaimed funds are often held by a state office until the rightful owner, heir, or another auth...
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...
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’...
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...
Is it legal for alimony to continue after my ex starts receiving Social Security retirement?
In Nevada, it is generally possible for spousal support, often called alimony, to continue even after an ex starts receiving Social Security retirement benefits. The fact that a former spouse begins collecting retirement...
How do I stop my bank account from being considered dormant while I am living overseas?
If you live overseas, the main way to reduce the risk that a Massachusetts bank account is treated as dormant is usually to keep the account active in the ways your bank allows and to monitor all account notices closely....
What are my rights if a company never sent a due diligence letter before escheating my funds?
In general, when a company or other holder turns over abandoned property or funds to the state, it may have to follow certain notice and reporting steps first. One of those steps is often a “due diligence” or pre-escheat...
What happens if my ex refuses to report child support payments I made directly by Venmo?
In New Hampshire, the answer usually depends on what your support order says and whether the Venmo payments were actually meant to count as child support. If the court order requires payments through a state disbursement...
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 recover stock shares that were sold after being escheated in New Mexico?
If stock shares were turned over as abandoned property and later sold, recovering the value may be possible, but the process usually depends on exactly what happened, who held the shares, and whether the shares were sold...
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...