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 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...
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...
What happens if my spouse says they will quit their job to avoid support?
In Colorado, a spouse generally cannot control a support case simply by saying they will quit their job. If a court is asked to decide support, it usually looks at the parties’ actual financial circumstances, not just a...
Can I Dispute a Vet Bill After My Pet Died During Treatment?
In general, you may be able to dispute a veterinary bill after a pet dies during treatment, but the strength of any dispute usually depends on what happened, what was promised, what records show, and what the bill includ...
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 I request back child support if the father was not listed on the birth certificate?
In Virginia, the fact that a father was not listed on the birth certificate does not necessarily prevent a child support claim. In general, child support depends on legal parentage, not only on what appears on a birth ce...
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,...
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...
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...
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 Arkansas to intercept my stimulus or tax refund for old support debt?
In general, yes. In Arkansas, the state may be able to intercept a tax refund, and in some situations a stimulus payment, to help collect past-due support debt. That usually means overdue child support, and in some cases...
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...
What are my rights if my mineral royalty payments were turned over as unclaimed property?
If your mineral royalty payments were turned over as unclaimed property, you generally still may have a right to claim the money from the state or the holder that reported it. In North Dakota, as in other states, unclaim...
What happens if the judge denies my temporary order but schedules a full hearing?
In Washington, if a judge denies a temporary order but still schedules a full hearing, it usually means the court is not granting short-term emergency or interim relief right now, but the underlying request is still movi...