Estate, Probate & Elder Law
Browse published legal information questions related to Estate, Probate & Elder Law.
How do I handle divorce when we have frozen embryos from fertility treatment?
When a couple divorces and has frozen embryos from fertility treatment, the legal questions can be different from the usual property or custody issues. In general, courts look first for any signed agreement about what sh...
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...
Can a prenup cover student loan debt from before the marriage?
Yes, in general, a prenuptial agreement can address student loan debt that existed before the marriage, including how that debt will be treated during the marriage and if the couple later separates or divorces. In Virgin...
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 are my rights if my apartment elevator has been broken for a month and I live on the sixth floor?
If you live in Oregon and your apartment elevator has been broken for a month, you may have tenant rights if the problem makes the building unsafe, significantly interferes with your use of the home, or suggests the land...
Do I have to pay restitution if I am charged with criminal damage to property in Minnesota?
In Minnesota, restitution may be ordered in a criminal case involving damage to property, but it is not automatic in every case. Restitution is generally a way for the court to require payment to a victim for losses that...
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...
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...
How do I request child support if we were never married?
In New Mexico, a parent who was never married to the other parent can usually still ask for child support. The key issue is often not whether the parents were married, but whether legal parentage has been established and...
Is it legal for an insurance company to escheat life insurance proceeds without contacting the beneficiary?
In general, an insurance company may have obligations to search for or contact a beneficiary before life insurance proceeds are treated as unclaimed property and transferred to the state, but the exact rules can depend o...
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...
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...