Estate, Probate & Elder Law
Browse published legal information questions related to Estate, Probate & Elder Law.
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...
Can I get forgiveness if I am a firefighter employed by the city?
In general, the answer depends on what kind of “forgiveness” you mean. A city firefighter in West Virginia might be asking about debt forgiveness, disciplinary forgiveness, job reinstatement, benefits relief, or some oth...
Do I have to split my Social Security benefits in divorce?
In general, Social Security benefits are not divided like marital property in a divorce. That means a divorce court usually does not split one spouse’s future Social Security retirement, disability, or survivor benefits...
Is it legal for an insurance company to escheat life insurance proceeds without contacting the beneficiary?
In general, an insurance company may have obligations to search for or contact a beneficiary before life insurance proceeds are treated as unclaimed property and transferred to the state, but the exact rules can depend o...
What happens if a state denies my unclaimed property claim because my ID address does not match?
If Alaska denies an unclaimed property claim because the address on your ID does not match the address tied to the property, it usually means the state wants more proof that you are the correct owner or an authorized hei...
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...
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....
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...
Do I have to prove my identity to recover funds listed under my maiden name?
In general, yes, you may have to prove your identity if you are trying to recover money or property that is listed under your maiden name. In Pennsylvania, as in many states, the holder of the funds usually needs enough...
Can I Still Receive an Inheritance if My Name Has Changed?
In general, a name change does not by itself stop you from receiving an inheritance. If you are the person named in a will, trust, beneficiary designation, or intestacy paperwork, the estate or financial institution usua...
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...
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...
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...