Estate, Probate & Elder Law
Browse published legal information questions related to Estate, Probate & Elder Law.
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...
Should I Try to Settle Credit Card Debt for a Parent With No Money or Assets?
In general, the answer depends less on whether you want to help and more on whether you are actually responsible for the debt. If the account is only in your parent’s name, you usually are not personally liable just beca...
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...
What happens if the judge denies my temporary order but schedules a full hearing?
In Washington, if a judge denies a temporary order but still schedules a full hearing, it usually means the court is not granting short-term emergency or interim relief right now, but the underlying request is still movi...
Do I have to divide my 401(k) if my spouse stayed home with the kids for 12 years?
In Pennsylvania, a 401(k) may be considered marital property to the extent it was earned or grew during the marriage, even if one spouse stayed home to care for the children. That means a stay-at-home parent is often tre...
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...
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 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...
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...
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...
Do I have to pay a fee to claim money that was escheated to the state treasury in New York?
In New York, you usually do not have to pay a fee just to search for or file a basic claim for unclaimed property that was turned over to the state treasury, often called escheated property. In many situations, the state...
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 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...