Estate, Probate & Elder Law
Browse published legal information questions related to Estate, Probate & Elder Law.
What are my rights if my elderly parent fell at a nursing home and broke a hip?
If your elderly parent fell at a nursing home and broke a hip, you may have concerns about safety, medical care, and whether the facility may be responsible. In general, nursing homes have duties to provide reasonable su...
Is it legal to move money out of a joint account before filing for divorce?
In Florida, moving money out of a joint account before filing for divorce is not automatically illegal. In general, a person who is a joint owner of an account may have access to the funds in that account. But that does...
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...
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...
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...
Is it legal for a prenup to say one spouse gets a lump sum after five years of marriage?
In Arkansas, a prenuptial agreement can often include a clause that gives one spouse a lump-sum payment after a certain length of marriage, such as five years, but whether that term is enforceable usually depends on the...
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 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 take my name off a joint bank account?
In general, it may be possible for a spouse to remove your name from a joint bank account, but the answer depends on how the account is titled, the bank’s own rules, and whether both account holders are required to make...
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...
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...
Can Someone Inherit a House That Sits on Land Owned by Another Family Member?
Yes, in general, a person may inherit a house even if the land underneath it is owned by another family member, but the answer depends on how ownership is structured and what the property records say. In Massachusetts, a...
What happens if my spouse dies before the divorce is finalized in Alaska?
If a spouse dies before a divorce is finalized in Alaska, the divorce case usually ends because there is no longer a marriage to dissolve. In many situations, the surviving spouse may still have legal rights that come fr...
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...
Do I have to prove my identity to recover funds listed under my maiden name?
In general, yes, you may have to prove your identity if you are trying to recover money or property that is listed under your maiden name. In Pennsylvania, as in many states, the holder of the funds usually needs enough...