Estate, Probate & Elder Law
Browse published legal information questions related to Estate, Probate & Elder Law.
What happens if my spouse bought a car during the marriage but titled it only in their name?
In Louisiana, a car bought during a marriage may still be treated as part of the marital property picture even if the title lists only one spouse’s name. Title alone does not always control ownership questions, especiall...
How Do I Reopen an Abuse Case Previously Closed for Lack of Evidence?
In Kansas, a closed abuse case is sometimes reviewed again if new information comes to light, but reopening is usually not automatic. Whether a case can be reopened often depends on why it was closed, what type of case i...
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...
Can I Throw Away My Father’s Property After He Left It at My House?
In general, you should be careful before throwing away property that belongs to your father, even if he left it at your house. Simply leaving belongings behind does not always mean the owner has given up all rights to th...
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...
Should I Try to Settle Credit Card Debt for a Parent With No Money or Assets?
In general, the answer depends less on whether you want to help and more on whether you are actually responsible for the debt. If the account is only in your parent’s name, you usually are not personally liable just beca...
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...
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...
What are my rights if my stock dividends were escheated after mail was returned once?
In Tennessee, if stock dividends were sent to you and later treated as unclaimed property because mail was returned, you may still have rights to try to recover the money. In general, escheat does not mean the property i...
Can a court settlement payment become unclaimed property if the law firm cannot reach me?
Yes, a court settlement payment can sometimes become unclaimed property if the money cannot be delivered to you and remains unclaimed for a period of time. In general, when a law firm or other holder is trying to distrib...
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 the prenup says my spouse keeps the house but I paid for renovations?
In Connecticut, the answer usually depends on what the prenup actually says, how the renovation money was treated, and whether the agreement clearly addresses improvements to the home. If the prenup says one spouse keeps...
Is it legal for a state to keep interest earned on money after it is escheated?
In general, the answer depends on the law that governs the unclaimed property and on what happened to the money while the state held it. Escheat or unclaimed property laws usually let the state take custody of abandoned...
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...
What are my rights if my safe deposit box contents were turned over to the state?
In Washington, if the contents of a safe deposit box were turned over to the state, the situation usually involves unclaimed property rules. In general, a financial institution may transfer abandoned or unclaimed safe de...