Estate, Probate & Elder Law
Browse published legal information questions related to Estate, Probate & Elder Law.
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...
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...
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...
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...
What are my rights if my spouse emptied our joint bank account before filing for divorce?
In Alabama, if a spouse emptied a joint bank account before a divorce was filed, the legal significance usually depends on who owned the money, how the account was titled, and how the funds were used. A joint account oft...
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...
What are my rights if the at-fault driver died in the accident?
If the at-fault driver died in the crash, you may still have rights to seek compensation for your injuries and other losses. In general, a driver’s death does not automatically erase a claim for a collision caused by tha...
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 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...
What happens if my deceased spouse’s unclaimed property is listed without a beneficiary?
If a deceased spouse’s unclaimed property is listed without a beneficiary, the property usually does not simply disappear. In general, the holder or state unclaimed property program may require proof of who has the legal...
Is it legal for a family member to record a private phone call about an inheritance dispute?
In California, the legality of recording a private phone call often depends on whether all parties to the call consented to the recording. California is generally treated as a two-party consent state, which means a perso...
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...