Estate, Probate & Elder Law
Browse published legal information questions related to Estate, Probate & Elder Law.
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 my spouse to remove me as beneficiary before the divorce is final?
In Kentucky, the answer often depends on the kind of beneficiary designation involved, the wording of the account or policy, and whether a court order already limits what either spouse can do during the divorce. In gener...
How do I claim funds from a closed bank that no longer exists in Vermont?
If a bank has closed or no longer exists, the money connected to your old account may not be gone, but the process for finding and claiming it can be complicated. In general, dormant accounts, returned deposits, cashier’...
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...
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 my spouse to remove jewelry and collectibles from the home before appraisal?
In Arkansas, the answer usually depends on what the items are, who owns them, and whether a divorce or separation is already underway. If the jewelry or collectibles are marital property, a spouse generally may not treat...
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...
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...
How do I revoke a prenuptial agreement after we are married?
In general, a prenuptial agreement does not have to last forever. After marriage, spouses may sometimes revoke or replace it if both agree and the change is made in a legally proper way. In Vermont, the specific rules ca...
Can a prenup cover what happens to embryos from IVF if we separate?
Yes, a prenuptial agreement may address what happens to embryos created through IVF if a couple separates, but whether the provision is enforceable can depend on the facts, the wording of the agreement, and West Virginia...
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...
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...
Is it legal for a company to take a percentage of my unclaimed property recovery?
In general, a company may be allowed to charge a fee for helping recover unclaimed property, but the exact legality usually depends on Indiana law, the type of property involved, the contract terms, and how the company o...
What are my rights if my ex moved the kids in with grandparents but still collects child support?
In general, if your ex no longer has the children living with them and the children are instead living with grandparents, that may matter a lot for child support and custody issues in Kansas. Child support is usually mea...
Is it legal for Arkansas to intercept my stimulus or tax refund for old support debt?
In general, yes. In Arkansas, the state may be able to intercept a tax refund, and in some situations a stimulus payment, to help collect past-due support debt. That usually means overdue child support, and in some cases...