Estate, Probate & Elder Law
Browse published legal information questions related to Estate, Probate & Elder Law.
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...
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...
Do I have to provide probate documents to claim a deceased parent’s escheated funds?
In Rhode Island, you may have to provide probate documents to claim escheated funds belonging to a deceased parent, but the exact documents usually depend on how the property is being claimed and who is making the claim....
Is it legal for alimony to continue after my ex starts receiving Social Security retirement?
In Nevada, it is generally possible for spousal support, often called alimony, to continue even after an ex starts receiving Social Security retirement benefits. The fact that a former spouse begins collecting retirement...
What are my rights if my ex moved the kids in with grandparents but still collects child support?
In general, if your ex no longer has the children living with them and the children are instead living with grandparents, that may matter a lot for child support and custody issues in Kansas. Child support is usually mea...
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...
Can I challenge a will in Alabama if my sibling pressured my mother to change it?
In Alabama, a will may sometimes be challenged if someone believes the testator was pressured into changing it, but the legal issue is usually framed as undue influence rather than ordinary family conflict. Pressure, per...
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,...
Is it legal for my spouse to change beneficiaries before property division is final?
In South Dakota, the answer often depends on what asset is involved, what the account or policy documents say, and whether a court order or temporary divorce order limits changes. In many situations, a spouse may still h...