Estate, Probate & Elder Law
Browse published legal information questions related to Estate, Probate & Elder Law.
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...
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...
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...
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...
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...
Can a prenup cover what happens to embryos from IVF if we separate?
Yes, a prenuptial agreement may address what happens to embryos created through IVF if a couple separates, but whether the provision is enforceable can depend on the facts, the wording of the agreement, and West Virginia...
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 disclose a trust fund in my prenuptial agreement in Rhode Island?
In general, if you are making a prenuptial agreement in Rhode Island, a trust fund is the kind of financial interest that usually should be disclosed. Prenuptial agreements are often scrutinized for fairness, and full fi...
How do I include ownership of a family business in a prenup?
If you own or expect to receive an interest in a family business, a prenuptial agreement can often be used to clarify how that ownership will be treated if you marry. In general, the prenup can say whether the business i...
What are my rights if my fiancé threatens to cancel the wedding unless I sign?
In Kansas, as in many states, a person generally cannot be forced to sign an agreement just because their fiancé threatens to cancel the wedding. Whether you have legal rights depends a lot on what you are being asked to...
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...
How do I protect an inheritance I expect to receive after marriage?
In Massachusetts, people often ask how to keep an expected inheritance separate after they get married. In general, an inheritance may be treated differently from marital property, but the outcome can depend on how the m...
How do I update a prenuptial agreement after we buy a house together?
In North Carolina, couples often update a prenuptial agreement after buying a house together by signing a written amendment or a new agreement that clearly addresses the home and any related debts, payments, and ownershi...
What are my rights if my spouse hid cryptocurrency before we signed the prenup?
In Washington, a prenuptial agreement may be challenged or limited if one spouse hid important financial information before the agreement was signed. If cryptocurrency existed before the prenup and was not disclosed, tha...