Estate, Probate & Elder Law
Browse published legal information questions related to Estate, Probate & Elder Law.
How do I protect an inheritance I expect to receive after marriage?
In Massachusetts, people often ask how to keep an expected inheritance separate after they get married. In general, an inheritance may be treated differently from marital property, but the outcome can depend on how the m...
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...
What are my rights if my spouse hid cryptocurrency before we signed the prenup?
In Washington, a prenuptial agreement may be challenged or limited if one spouse hid important financial information before the agreement was signed. If cryptocurrency existed before the prenup and was not disclosed, tha...
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...
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 support if my spouse is voluntarily unemployed?
In Alabama, the answer depends on what kind of support is involved and why the person is unemployed. Courts generally look at the actual facts, not just the income shown on paper. If a spouse is voluntarily unemployed or...
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 my spouse to take my name off a joint bank account?
In general, it may be possible for a spouse to remove your name from a joint bank account, but the answer depends on how the account is titled, the bank’s own rules, and whether both account holders are required to make...
What happens if my spouse bought a car during the marriage but titled it only in their name?
In Louisiana, a car bought during a marriage may still be treated as part of the marital property picture even if the title lists only one spouse’s name. Title alone does not always control ownership questions, especiall...
Do I have to split my retirement account if most of it was earned before marriage?
In Oregon, the answer is often: not necessarily, but maybe in part. Retirement accounts are commonly divided in divorce based on what portion was accumulated during the marriage versus what portion was accumulated before...
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...
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...
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...
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...
How do I dispute an unclaimed property claim that someone else already filed under my name?
If someone else already filed an unclaimed property claim under your name, that can raise identity, ownership, or authorization concerns. In general, you may need to contact the state unclaimed property office, explain t...