Estate, Probate & Elder Law
Browse published legal information questions related to Estate, Probate & Elder Law.
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...
What happens if we lost the signed original copy of our prenuptial agreement?
If you lost the signed original copy of a prenuptial agreement, that does not always mean the agreement is automatically gone or unenforceable. In general, a court may still consider other evidence of the agreement’s exi...
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...
How do I protect rental property income in a prenuptial agreement?
In general, a prenuptial agreement can be one way to define how rental property and rental income will be treated during a marriage. For example, the agreement may state that a particular building remains separate proper...
Do I have to get consent from everyone before recording a family Zoom call about an inheritance dispute?
In Pennsylvania, the answer is often “it depends,” and the safest approach is usually to get consent before recording any family Zoom call. Video and audio recordings can raise privacy, wiretap, and trust issues, especia...
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...
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...
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...
Do I have to hire a locator company to recover escheated funds?
In general, no—you usually do not have to hire a locator company to recover escheated funds in South Carolina. Escheated or unclaimed funds are often held by a state office until the rightful owner, heir, or another auth...