Estate, Probate & Elder Law
Browse published legal information questions related to Estate, Probate & Elder Law.
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...
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...
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...
What are my rights if the at-fault driver died in the accident?
If the at-fault driver died in the crash, you may still have rights to seek compensation for your injuries and other losses. In general, a driver’s death does not automatically erase a claim for a collision caused by tha...
Can a court settlement payment become unclaimed property if the law firm cannot reach me?
Yes, a court settlement payment can sometimes become unclaimed property if the money cannot be delivered to you and remains unclaimed for a period of time. In general, when a law firm or other holder is trying to distrib...
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 the prenup says my spouse keeps the house but I paid for renovations?
In Connecticut, the answer usually depends on what the prenup actually says, how the renovation money was treated, and whether the agreement clearly addresses improvements to the home. If the prenup says one spouse keeps...
Can I challenge a will in Alabama if my sibling pressured my mother to change it?
In Alabama, a will may sometimes be challenged if someone believes the testator was pressured into changing it, but the legal issue is usually framed as undue influence rather than ordinary family conflict. Pressure, per...
How do I recover money from an old savings account my parents opened for me as a child?
If your parents opened a savings account for you as a child, the first question is usually whether the money is still in an active account, was closed out, or was transferred somewhere else. In general, the steps to reco...
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 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....