Legal Q&A

Estate, Probate & Elder Law

Browse published legal information questions related to Estate, Probate & Elder Law.

TN - Tennessee

What are my rights if my spouse transferred money to a foreign bank account?

If your spouse transferred money to a foreign bank account, you may have several possible concerns, especially if you are in Tennessee and the money came from marital funds. In general, money earned during the marriage a...

NJ - New Jersey

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...

WI - Wisconsin

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...

WV - West Virginia

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...

OR - Oregon

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...

AL - Alabama

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...

IN - Indiana

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...

MA - Massachusetts

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....

RI - Rhode Island

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...

PA - Pennsylvania

Is it legal for a family member to record a private conversation about elder care decisions?

In Pennsylvania, whether a family member may legally record a private conversation about elder care decisions usually depends on who is speaking, where the conversation happens, and whether the people involved know about...

WA - Washington

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...

CA - California

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...

NC - North Carolina

How do I update a prenuptial agreement after we buy a house together?

In North Carolina, couples often update a prenuptial agreement after buying a house together by signing a written amendment or a new agreement that clearly addresses the home and any related debts, payments, and ownershi...

OR - Oregon

Do I have to report unclaimed property from a small business I closed five years ago?

In general, you may still have reporting duties after closing a small business, including in Oregon, if the business held money or other property that became unclaimed before it shut down or while records were still acti...

ID - Idaho

What are my rights if child support services lost record of my payments?

If Idaho child support services lost record of your payments, you usually have the right to ask for a review, provide proof of payment, and request that the account be corrected if the records are wrong. In general, chil...

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