Estate, Probate & Elder Law
Browse published legal information questions related to Estate, Probate & Elder Law.
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...
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...
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...
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...
Is it legal for my spouse to remove jewelry and collectibles from the home before appraisal?
In Arkansas, the answer usually depends on what the items are, who owns them, and whether a divorce or separation is already underway. If the jewelry or collectibles are marital property, a spouse generally may not treat...
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...
How do I prove an inheritance should not be divided in equitable distribution?
In Georgia, the basic question is usually whether the inherited property can be traced as separate property rather than marital property. In general, an inheritance received by one spouse may stay that spouse’s separate...
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...