Estate, Probate & Elder Law
Browse published legal information questions related to Estate, Probate & Elder Law.
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...
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...
Can I Protect My Interest in My Father’s House if There Was No Will in Illinois?
If your father died in Illinois without a will, his property is usually handled under Illinois intestacy law. That means the house may pass according to state law rather than according to informal family expectations or...
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...
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...
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...
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...
Do I have to disclose a trust fund in my prenuptial agreement in Rhode Island?
In general, if you are making a prenuptial agreement in Rhode Island, a trust fund is the kind of financial interest that usually should be disclosed. Prenuptial agreements are often scrutinized for fairness, and full fi...
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...
The florist delivered the wrong flowers for a funeral. Can we ask for more than a refund?
In Pennsylvania, a wrong flower delivery for a funeral may be more than a simple customer-service problem, but the available remedies usually depend on the facts. In general, if a florist delivered the wrong arrangement,...
What are my rights if my stock dividends were escheated after mail was returned once?
In Tennessee, if stock dividends were sent to you and later treated as unclaimed property because mail was returned, you may still have rights to try to recover the money. In general, escheat does not mean the property i...
Can unpaid child support affect my passport renewal?
Yes, unpaid child support can sometimes affect passport renewal, but usually only in certain situations and often through federal enforcement rules rather than the passport process itself. In general, child support agenc...
What happens if I found unclaimed property under my old address from 12 years ago?
If you found unclaimed property tied to an old address from 12 years ago, the main question is usually whether the property is actually yours, whether you still have a legal right to claim it, and whether the holder or s...
How do I divide a pension that was earned partly before and partly during marriage?
In Minnesota, a pension that was earned partly before marriage and partly during marriage is usually treated as a mix of nonmarital and marital property. In general, the portion earned before the marriage may be consider...
What are my rights if my elderly parent fell at a nursing home and broke a hip?
If your elderly parent fell at a nursing home and broke a hip, you may have concerns about safety, medical care, and whether the facility may be responsible. In general, nursing homes have duties to provide reasonable su...