Estate, Probate & Elder Law
Browse published legal information questions related to Estate, Probate & Elder Law.
What happens if my spouse says they will quit their job to avoid support?
In Colorado, a spouse generally cannot control a support case simply by saying they will quit their job. If a court is asked to decide support, it usually looks at the parties’ actual financial circumstances, not just a...
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...
Can an old money order or cashier’s check be sent to the state as unclaimed property?
In Utah, an old money order or cashier’s check may sometimes be turned over to the state as unclaimed property if it remains unclaimed for long enough and the holder is required to report it under Utah’s unclaimed proper...
Can I get child support if the father is paid in cash and says he has no income?
Yes, possibly. In Ohio, a parent’s child support obligation is generally based on income and other financial facts, not just what the parent says on paper. If a father is paid in cash, works off the books, is self-employ...
Do I have to go through probate in Alabama if my parent died with only a bank account and a car?
In Alabama, the answer is usually: maybe, but not always. If your parent left only a bank account and a car, probate may or may not be necessary depending on how those assets were titled, whether they had a beneficiary,...
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...
Is it legal for my spouse to take my name off a joint bank account?
In general, it may be possible for a spouse to remove your name from a joint bank account, but the answer depends on how the account is titled, the bank’s own rules, and whether both account holders are required to make...
Can I get divorced if my spouse is in the military and deployed overseas?
Yes, in general, you may still be able to file for divorce in Wyoming even if your spouse is in the military and deployed overseas. A deployment does not automatically stop a divorce, but it can affect how the case moves...
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 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...
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 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...
Can a prenup keep my retirement account separate if contributions continue during marriage?
In New Jersey, a prenuptial agreement may be able to help keep a retirement account separate, but that does not automatically mean every dollar added during the marriage will stay separate. The answer usually depends on...
Can I qualify for forgiveness if I work at a nonprofit nursing home?
In general, maybe—but it depends on what kind of forgiveness program you mean and how the employer is classified under the program’s rules. A nonprofit nursing home may sound like the kind of job that should count, but m...
How do I include ownership of a family business in a prenup?
If you own or expect to receive an interest in a family business, a prenuptial agreement can often be used to clarify how that ownership will be treated if you marry. In general, the prenup can say whether the business i...