Estate, Probate & Elder Law
Browse published legal information questions related to Estate, Probate & Elder Law.
Do I have to prove my identity to recover funds listed under my maiden name?
In general, yes, you may have to prove your identity if you are trying to recover money or property that is listed under your maiden name. In Pennsylvania, as in many states, the holder of the funds usually needs enough...
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 my bank send my checking account to the state as unclaimed property if I have not used it in three years?
In California, a bank account may be treated as unclaimed property if there has been no customer activity for a long period and the bank cannot reach the owner. In general, that means the account has become dormant or in...
Is it legal for a family member to record a private phone call about an inheritance dispute?
In California, the legality of recording a private phone call often depends on whether all parties to the call consented to the recording. California is generally treated as a two-party consent state, which means a perso...
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...
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 child support if my parental rights were terminated?
In general, termination of parental rights can change a parent’s future child support obligation, but it does not always erase every support-related duty automatically. In Montana, the effect usually depends on how and w...
What happens if my ex refuses to report child support payments I made directly by Venmo?
In New Hampshire, the answer usually depends on what your support order says and whether the Venmo payments were actually meant to count as child support. If the court order requires payments through a state disbursement...
Can I request back child support if the father was not listed on the birth certificate?
In Virginia, the fact that a father was not listed on the birth certificate does not necessarily prevent a child support claim. In general, child support depends on legal parentage, not only on what appears on a birth ce...
What are my rights if the at-fault driver died in the accident?
If the at-fault driver died in the crash, you may still have rights to seek compensation for your injuries and other losses. In general, a driver’s death does not automatically erase a claim for a collision caused by tha...
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,...
Can I Transfer a Vehicle Into My Name Only Without Refinancing?
In California, it may be possible to put a vehicle title in your name only without refinancing, but it depends on whether there is an existing loan, who is listed on the title, and what the lender allows. Title transfer...
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...
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...
Can You Sue and Win Over a Parent’s Last-Minute Will Change?
A last-minute change to a parent’s will can sometimes be challenged in Oregon, but only if there is a recognized legal reason to do so. In general, a court does not overturn a will just because family members think the c...