Estate, Probate & Elder Law
Browse published legal information questions related to Estate, Probate & Elder Law.
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...
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...
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...
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...
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...
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...
Is it legal for my spouse to change beneficiaries before property division is final?
In South Dakota, the answer often depends on what asset is involved, what the account or policy documents say, and whether a court order or temporary divorce order limits changes. In many situations, a spouse may still h...
Can I Throw Away My Father’s Property After He Left It at My House?
In general, you should be careful before throwing away property that belongs to your father, even if he left it at your house. Simply leaving belongings behind does not always mean the owner has given up all rights to th...
How do I find out whether my deceased father had money turned over under unclaimed property laws?
If your father has died, you can usually check whether he left behind unclaimed property by searching the state’s unclaimed property records and then following the claim process for heirs or personal representatives. In...
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...
How Do I Reopen an Abuse Case Previously Closed for Lack of Evidence?
In Kansas, a closed abuse case is sometimes reviewed again if new information comes to light, but reopening is usually not automatic. Whether a case can be reopened often depends on why it was closed, what type of case i...
What are my rights if my spouse is spending marital money on gambling?
In Kansas, if a spouse is spending marital money on gambling, you may have legal and financial concerns that matter in a divorce, separation, or other family law matter. In general, money earned during the marriage is of...
Do I have to pay restitution if I am charged with criminal damage to property in Minnesota?
In Minnesota, restitution may be ordered in a criminal case involving damage to property, but it is not automatic in every case. Restitution is generally a way for the court to require payment to a victim for losses that...
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...
Can Someone Inherit a House That Sits on Land Owned by Another Family Member?
Yes, in general, a person may inherit a house even if the land underneath it is owned by another family member, but the answer depends on how ownership is structured and what the property records say. In Massachusetts, a...