Estate, Probate & Elder Law
Browse published legal information questions related to Estate, Probate & Elder Law.
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...
Is it legal for my spouse to remove jewelry and collectibles from the home before appraisal?
In Arkansas, the answer usually depends on what the items are, who owns them, and whether a divorce or separation is already underway. If the jewelry or collectibles are marital property, a spouse generally may not treat...
What are my rights if my safe deposit box contents were turned over to the state?
In Washington, if the contents of a safe deposit box were turned over to the state, the situation usually involves unclaimed property rules. In general, a financial institution may transfer abandoned or unclaimed safe de...
Do I have to divide a 401(k) if my spouse never worked during the marriage?
In Pennsylvania, a spouse’s lack of outside employment during the marriage does not automatically prevent a 401(k) from being divided in divorce. In general, retirement accounts earned or built up during the marriage may...
Is it legal for a bank to freeze my account before escheating it?
In general, a bank may have legal and contractual reasons to place a hold or freeze on an account before any unclaimed property process, including escheatment, takes place. But a freeze is not the same thing as escheatme...
How do I prove an inheritance should not be divided in equitable distribution?
In Georgia, the basic question is usually whether the inherited property can be traced as separate property rather than marital property. In general, an inheritance received by one spouse may stay that spouse’s separate...
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...
What are my rights if my mineral royalty payments were turned over as unclaimed property?
If your mineral royalty payments were turned over as unclaimed property, you generally still may have a right to claim the money from the state or the holder that reported it. In North Dakota, as in other states, unclaim...
What are my rights if my fiancé threatens to cancel the wedding unless I sign?
In Kansas, as in many states, a person generally cannot be forced to sign an agreement just because their fiancé threatens to cancel the wedding. Whether you have legal rights depends a lot on what you are being asked to...
Is it legal to move money out of a joint account before filing for divorce?
In Florida, moving money out of a joint account before filing for divorce is not automatically illegal. In general, a person who is a joint owner of an account may have access to the funds in that account. But that does...
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 my bank send my checking account to the state as unclaimed property if I have not used it in three years?
In California, a bank account may be treated as unclaimed property if there has been no customer activity for a long period and the bank cannot reach the owner. In general, that means the account has become dormant or in...
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 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...
Is it legal for a prenup to say one spouse gets a lump sum after five years of marriage?
In Arkansas, a prenuptial agreement can often include a clause that gives one spouse a lump-sum payment after a certain length of marriage, such as five years, but whether that term is enforceable usually depends on the...