Estate, Probate & Elder Law
Browse published legal information questions related to Estate, Probate & Elder Law.
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...
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 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 prepaid debit card balances be subject to escheatment laws in West Virginia?
In general, yes. Prepaid debit card balances may be subject to escheatment laws if the funds are considered abandoned property under West Virginia law and no valid activity occurs for the applicable period. Whether a par...
Do I have to divide my 401(k) if my spouse stayed home with the kids for 12 years?
In Pennsylvania, a 401(k) may be considered marital property to the extent it was earned or grew during the marriage, even if one spouse stayed home to care for the children. That means a stay-at-home parent is often tre...
Do I have to restart my forgiveness count if I switch from one government job to another?
In general, switching from one government job to another does not automatically mean you have to restart a forgiveness count. Whether prior service still counts usually depends on the specific forgiveness program, the em...
Is it legal for the court to order child support before paternity testing is finished?
In general, a court may be able to address temporary child support before paternity testing is fully finished, but that usually depends on the facts, the court’s procedures, and whether paternity has been legally establi...
Can I get forgiveness if I am a firefighter employed by the city?
In general, the answer depends on what kind of “forgiveness” you mean. A city firefighter in West Virginia might be asking about debt forgiveness, disciplinary forgiveness, job reinstatement, benefits relief, or some oth...
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...
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...
Do I have to pay private student loans if the borrower died and I was only a cosigner?
In general, if you cosigned a private student loan, the lender may still look to you for repayment even after the borrower dies. A cosigner is usually a separate borrower from the lender’s perspective, so the death of th...
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...
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...
Is it legal for a prenup to say one spouse gets a lump sum after five years of marriage?
In Arkansas, a prenuptial agreement can often include a clause that gives one spouse a lump-sum payment after a certain length of marriage, such as five years, but whether that term is enforceable usually depends on the...
Does My Aunt’s Husband Automatically Inherit Her Share of Michigan Property?
In Michigan, an aunt’s husband does not automatically inherit her share of property in every situation. Whether he receives anything usually depends on how the property was titled, whether there was a will or trust, and...