Estate, Probate & Elder Law
Browse published legal information questions related to Estate, Probate & Elder Law.
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...
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 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...
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...
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 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...
What happens if my name is misspelled on the state unclaimed property website?
If your name is misspelled on a state unclaimed property website, it usually does not mean the money or property is not yours. Unclaimed property databases often contain old, incomplete, or inconsistent records, so a spe...
How do I stop my bank account from being considered dormant while I am living overseas?
If you live overseas, the main way to reduce the risk that a Massachusetts bank account is treated as dormant is usually to keep the account active in the ways your bank allows and to monitor all account notices closely....
What are my rights if my retirement plan account was transferred to the state as abandoned?
In Maryland, if a retirement plan account is treated as abandoned and transferred to the state, you usually do not lose ownership of the money simply because it was turned over. In general, the state holds abandoned prop...
Do I have to hire a locator company to recover escheated funds?
In general, no—you usually do not have to hire a locator company to recover escheated funds in South Carolina. Escheated or unclaimed funds are often held by a state office until the rightful owner, heir, or another auth...
What happens if my deceased spouse’s unclaimed property is listed without a beneficiary?
If a deceased spouse’s unclaimed property is listed without a beneficiary, the property usually does not simply disappear. In general, the holder or state unclaimed property program may require proof of who has the legal...
What happens if my unclaimed property was sent to the wrong state?
If unclaimed property was reported or sent to the wrong state, the issue is usually one of administration rather than ownership. In general, the money or property does not stop belonging to the owner just because it was...
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...
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...