Making a Will

Do Both Parents Need to Live in the Same State to Have Joint Custody?

The term “joint custody” doesn’t lend itself well to an exact legal definition. Few states specify the number of overnights a child must spend with each of her parents before the custody ...

Changing a Family Trust Deed

A family member may have placed his property into a family trust as part of his estate planning process. Under the advice of his accountant, attorney or other professional or for a myriad of other reasons, he ...

Regaining Parental Rights in a Family Court in California

Your odds of regaining terminated parental rights in California depend a great deal on why you lost them. California won't terminate your rights because your ex wants you out of your child's life, or because ...

Legal Rights of Stepparents Vs. Real Parents

Historically, stepparents have had very few rights with regard to their spouses’ children. That began to change after 2000, with states such as Colorado and Massachusetts passing legislation to recognize ...

Custody Rulings When a Parent Moves Abroad

Family court matters are litigated on the state level in the United States, so there are 50 different sets of laws to consider when approaching international custody rulings. To further confuse issues, there ...

Giving Legal Guardianship to Someone When I Die

Making arrangements for the care of your children is perhaps the most important aspect of planning for an unexpected death. Parents can nominate a guardian to care for the children in such a situation. There ...

Parental Rights in a Volatile Relationship

When it comes to their rights after divorce, parents often think in terms of which spouse gets to do what, especially following high-conflict marriages. Their relationships with their children may turn into ...

The Effect of Abandonment of Heirs on Intestate Succession

Abandoning an inheritance you receive through intestate succession might have only a minimal effect on the estate, depending on your degree of kinship to the decedent. If you’re the decedent’s ...

The Law Against Someone Tampering With a Paternity Test

While there is little doubt to the maternal lineage of a child, the child's paternity isn't always readily apparent. If any doubt exists regarding who fathered a child, a paternity test, which is considered ...

How to Make a Will Legally Binding Regarding Custody of Children

A last will and testament is more than just a document describing how your property should be distributed after your death. A will can also be used to define who should receive custody of any children. What ...

Tennessee Law on Reversal of Legal Guardianship

According to Tennessee state law, a parent's right to privacy, which is protected by the state and federal constitutions, includes a parent's right to care for his children. However, various scenarios can ...

Inheritance Laws in Alaska

In Alaska, as in other states, when a decedent doesn't make a will, his property and assets must be divided according to the state's inheritance laws. These laws, known as "laws of intestate ...

Vital Facts on Making a Will

When you make a will, you're taking control of how you'd like your assets to be distributed after your death. If you don't choose how to dispose of your property by leaving a last will and testament, the state ...

How to Become a Guardian of an Incompetent Spouse

If your spouse becomes mentally or physically disabled or otherwise incapacitated, and unable to handle his affairs, you may apply to become his legal guardian. As a spouse, you normally have the right to make ...

Can a Mother Overturn Residential Custody?

If a court has made a residential custody determination, in some circumstances a mother can get it overturned. The rules for doing so are not any different for mothers than they are for fathers. The process ...

Legal Guardianship of a Stepchild

As a stepparent, you provide emotional and financial care for your stepchild, but your stepchild's biological parents have ultimate legal power over your stepchild. This imbalance can create problems in ...

How to File an Answer in Child Custody

Each state has its own rules regarding the legal process for custody, but most follow broadly similar procedures. Parents should understand the difference between physical and legal custody: Physical custody ...

Forms to File for Full Custody of Children in California

Whether you’re still married to your children’s other parent, are already divorced or never married to begin with, California always requires the filing of court forms to initiate a child custody ...

How to Open a Child Trust Fund

Few things strike more fear into a parent than the thought of a child fending for herself if the parent dies. While this may be the primary reason many parents begin to think about trust funds for their ...

How Do I Determine Child Support Amount in Washington State?

Whether you and your child's other parent are recently divorced or were never married, both of you are responsible for contributing financially to support your child and meet his needs. The amount of monthly ...

How to Get a Civil Annulment

You have the option to terminate your marriage through a divorce but, under certain circumstances, you may be able to “undo” the marriage entirely. When the court grants you and your spouse an ...

Can a Man Give Away Marital Assets Without the Consent of a Wife in Michigan?

As long as you’re married, the court has no jurisdiction over your property, in Michigan or elsewhere. The law doesn’t and can’t govern what private citizens do with their assets -- unless ...

If My Girlfriend Had Our Baby, Does She Have Custody?

Once your girlfriend has your baby, she is the full custodian of the child until you legally establish you're the father. Although custody laws vary among states, a child born to unmarried parents doesn't have ...

Legally Incapacitated vs. Legally Incompetent

By definition, to be incapacitated means to lack the mental or physical capacity to sufficiently care for person and property whether temporarily, intermittently or permanently. The term is often used ...

A Motion to Vacate Custody Order

In a divorce with children, the court can issue different types of custody orders at different stages of the proceedings. If one of the parties wants the court to modify certain types of orders, that party ...

How to Terminate a Living Trust

Any trust that you establish during your lifetime is a "living trust." Living trusts can be revocable, which means that the person creating the trust, known as the "grantor," can terminate ...

Ending a Partnership in Illinois

A partnership is a legally recognized business entity having at least two separate partners. Most partners sign a written partnership agreement to formalize their rights and obligations. Chapter 805 of the ...

Change a Deed of Trust

A deed of trust is a contract between you and your mortgage lender: It is the document that gives your mortgage lender a lien on your home, property, or other real estate collateral. The lien under the deed of ...

Laws Pertaining to Deeds of Trust & Assignments of Rents

Deeds of trust and assignments of rents are both legal documents that give a lender a lien or security interest in land belonging to a borrower. The borrower's land identified in the documents is the loan ...

How to Change Ownership From a Proprietorship to a Partnership

If you are a sole proprietor, it is easy to form a partnership -- simply agree with at least one other person to do business together and share profits and losses. Your company will automatically be treated as ...

Legal Guardianship in Colorado

A guardian is appointed by the court to make personal decisions on behalf of another person, known as the ward, when that person is incapable of making decisions for himself. A ward may be a minor child or an ...

Guardianship Laws for Adults

A guardian is a person or entity appointed by a court to care for a person who cannot meet his own needs, known as a ward. Although the powers and duties of guardians are similar to the powers and duties of ...

North Carolina Statutes on Marital Misconduct

Marital misconduct is unacceptable behavior committed by a spouse during a marriage in North Carolina. A spouse may use marital misconduct as a reason for a legal separation and for postseparation support -- ...

Legal Guardianship Statutes in Minnesota

A guardian is a person who is granted the legal right to make personal decisions on behalf of someone, known as a ward, who cannot effectively make them on his own. In Minnesota, guardians may not make most ...

How to Get Child Support When the Father Does Not Get Paid From a Conventional Job

Since January 1994, the United States government has mandated that all child support orders include provisions for payment through income withholding or wage garnishment. It’s a highly effective means of ...

How to File Taxes and Claim Children Due to Past-Due Child Support

Claiming your children as dependents is never automatic; there are a number of requirements you must satisfy before you can file your taxes with dependent exemptions. However, child support payments you make ...

My Ex-Wife Is Deceased: Who Gets Custody of the Children?

If your ex-wife wins custody of your children and subsequently passes away, the court will alter the current custody arrangement. Losing a parent is a traumatic experience for any child, and the court's goal ...

Family Laws on Sole Custody in the State of Georgia

Except in extreme circumstances, Georgia courts usually will not award sole custody of children to one parent -- at least not officially. Section 19-9-3 of the Official Code of Georgia Annotated specifies that ...

My Rights as an Unwed Mother When the Noncustodial Father Abandons the Child

Abandonment occurs when a parent has no contact with a child for a set period of time, which varies by state. Although an unwed mother often has more rights to make decisions for her child than a divorced ...

How to Make a Will for Stepchildren

An estimated 65 percent of all remarriages bring children from a prior marriage into a stepfamily, according to the National Stepfamily Resource Center. If you are a stepparent who wants to leave possessions ...

The Custody of Kids When Not Married in Mississippi

In most states, when an unmarried woman gives birth, she automatically and legally has sole custody of her child. Mississippi is no exception. When a married woman has a child, the state presumes that her ...

What if I Don't Issue a K-1 for a Distribution to Beneficiary of a Trust?

If you serve as the trustee of a trust, you have a number of reporting obligations under the federal income tax laws, which includes the preparation of Schedule K-1 for each beneficiary. In the event you fail ...

Naming a Legal Guardian in Your Will

Naming a guardian in your will allows you to choose who will act as the parent of your children if you die before the children reach 18. A guardian named in the will of a child's parent or current guardian is ...

How to Handle High-Conflict Custody Arrangements

Often, the issues and problems that lead spouses to divorce also make it impossible for them to cooperate regarding parenting issues post-divorce. They forget that their children didn’t ask for or want ...

Do I Get Alimony if I Make More Money Than My Ex-Husband?

Should a couple that previously lived comfortably in a two-income household divorce, each must make financial adjustments to accommodate for the lost income. Individuals who do not work or earn considerably ...

What Does Legal Guardianship of Grandchildren Mean?

Legal guardianship is a formal status under which grandparents assume a limited set of rights and responsibilities for their grandchildren. In some instances, parents voluntarily create guardianship agreements ...

What Happens to Child Support & Alimony When a Divorcee Remarries?

Approximately half of all Americans remarry within five years of divorce, according to U.S. Census Bureau in a 2006 report. Those with children carry child support issues with them into their new ...

Nevada Law on the Emancipation of a Minor Child

The age of majority, or the age at which a child legally becomes an adult, is 18 in Nevada. However, teenagers younger than 18 can petition a Nevada court for emancipation, freeing themselves from their ...

How to Make a Fair Prenuptial Agreement Involving a House and Children From a Previous Marriage

In most states, anything you own prior to marriage is legally your sole and separate property. Your spouse can’t touch it in the event of divorce. However, it’s easy to undo this protection under ...

Legal Age for Children to Be Left Alone in Pennsylvania

A parent who leaves a child home alone before he is ready may face charges of neglect in Pennsylvania. Although Pennsylvania doesn't have a set minimum age at which it's legal for children to be left home ...

How to Remove a Guardian in Illinois

A guardian in Illinois is responsible for the care and safety of a minor child or a mentally incompetent adult or his property. Although the laws and procedures are different for obtaining legal guardianship ...

The Basics of Full Custody in Michigan

All states base custody decisions on the best interest of the child, but Michigan has gone a step further. It does not leave the definition of “best interest” entirely to the interpretation of a ...

How to Establish Custody in Michiagn

Michigan’s statutes don’t technically recognize what most parents think of as sole custody. The state leans toward awarding joint custody, meaning that both parents have an equal say in major ...

How to Write a Hand Written Will

When you write your last will and testament by hand, it’s called "holographic" in legal terms. Some states require witnesses for holographic wills; others do not. Some states don’t accept ...

How to Prepare a Will-Say Statement

A will-say statement is the summation of what a witness will testify to in court. Will-say statements are also referred to as witness statements. Both the defense and the prosecution have access to will-say ...

Does a Beneficiary of a Living Trust Have the Right to See the Trust?

All trusts, including living trusts, are established to benefit certain individuals or organizations identified in the trust, called the beneficiaries. The person creating a living trust is typically the first ...

How to Make a Will in California for Free

California is one of only four states that allow statutory wills, a preprinted will form where you can simply check boxes and sign beneath each paragraph. This makes it possible to write a will for free in the ...

How to Make Your Own Will Forms

A will is a document that tells a probate court how to distribute the assets of the person who wrote the will -- known as the testator -- after he dies. A will must be prepared in accordance with state law or ...

How to Write an Amendment to a Will

Once a will is written, signed, and witnessed, it is legal in most states as long as it meets state law requirements. To change a completed will, you must either add an amendment, known as a codicil, or ...

The Average Cost of Making a Will

The cost of any legal endeavor depends on whether you decide to handle it yourself or use the services of an attorney. You can access free templates online or pay for something more complex, or you can pay an ...

How to Make Out a Simple Will

If you have property, you should have a will. This document specifies how your assets should be divided on your death, and helps your heirs avoid a costly and difficult court procedure. Drawing up a will is a ...

How to Write a Will in Pennsylvania for Free

For your will to be legally enforceable in Pennsylvania, the document must satisfy all state statutory requirements. There is certainly no shortage of attorneys in Pennsylvania who can draft a will that fully ...

How to Make My Own Will Free of Charge

Writing your own will is a process that does not need to cost money. If you have limited assets and straightforward child custody plans or no minor children, making your own will free of charge may be an ...

How to Change an Irrevocable Trust

In theory, when you create an irrevocable trust, it cannot be canceled or changed; that’s the meaning of “irrevocable.” Once you sign the trust and transfer control of the assets to a ...

How to Prepare an Amendment to a Revocable Trust

You create a living trust to transfer assets to the control of a trustee, who has the legal authority to manage the assets and distribute them to your named beneficiaries according to your instructions. A ...

How Much Do Patent Attorneys Make?

Patent lawyers work with clients applying for patents and assist them in the patent application process. Patent law tends to be a very well-paying area. This is partly because the position has rigorous ...

How to Make Changes to a Living Trust

The ease with which you can make changes to your living trust depends on what kind of trust you created. If you made an irrevocable trust, you'll have an uphill battle. You generally cannot amend an ...

How to Make a Family Trust

A living family trust is a plan that controls the assets placed into the trust fund. A revocable living family trust is an agreement you can end at any time before death. An irrevocable living family trust ...

About Making a Will

A will is a legal document that defines the final wishes of a deceased person. The author, or otherwise known as the testator, can use a will to bequeath his assets to others, resolve his financial ...

How to Make a Will Early

Fewer than half of Americans have executed wills, notes the American Bar Association. Many plan to make a will at some point in the future, but timing a will is as predictable as timing the stock market, so ...

What Makes a Will Legal & Binding?

When executed wholly and correctly, a will is a legal document that supersedes any other document, contract or verbal conveyance the testator may have established during her lifetime. This is because a will is ...

How to Make a Will in Louisiana

Detailing the distribution of your personal items and assets among your loved ones in your will helps avoid confusion after your death. Your will must be specific and easy to understand to avoid ...

How to Go About Making a Will

More than half of Americans don't have a will, according to the American Bar Association. Whether due to fear of death or lawyers' bills, many people procrastinate drafting a last testament. Yet a simple will ...

What Happens If I Live in Texas & I Don't Have a Will?

Like most states, Texas awards your property to your most immediate next of kin if you die intestate, or without a will. However, the order of succession of your family members to receive your property is ...

Tips on Making a Will

A will is one of the most important documents you will ever sign. It is more than a method of property distribution; it is a way of planning for the future support of those individuals you have cared about ...

Do I Need an Attorney to Make a Legal Will?

In most states, a legal or valid will must contain certain basic information, such as the testator's or will-maker's name, the date the will was made, the testator's signature and the signatures of two ...

Cost of Making a Will

Thousands of people pass away each year without leaving behind any formal instructions for administration of their estates. This is likely due, at least in part, to the misconception that making a will is a ...

How to Exclude People When Making a Will

Most states will not allow you to exclude your spouse from your will. According to the American Bar Association, this stems from the days when wives had no source of financial support except their husbands, ...

Decisions Involved in Making a Will

The nature of making a will can make it easy to become emotional rather than analytical. You might change your mind about various components of your will several times over your lifetime. However, you ...

Concerns for Making a Will

Two things concern most people who are making wills: that their will can carry out their wishes, and that they minimize the risk of a will contest, according to FindLaw. You can help decrease the chances that ...

Making Corrections on a Will Without a Lawyer

After you have made your will, you may find that it contains errors or that you want to amend, change or remove some information. Making corrections on a will without a lawyer is legal as long as your ...

What Is Involved in Making a Will?

Your will is a legal document that explains how you want your property distributed after your death. If you have minor children, your will may also explain how to provide for them in terms of guardianship and ...

How to Make Your Own Legal Will

It is not that hard to cook up a legal will. Take one testator, over the age of 18 and of sound mind. Add a good dose of testamentary intent, a variety of assets and one or more heirs, according to taste. ...

How to Make a Will Without a Lawyer

A lawyer is helpful in the will creation process because you can be confident that your will has been drafted according to your state’s laws. An attorney’s help is not essential, however. If you ...

Age Concerns When Making a Will

Calling for an attorney from your deathbed as you near the centenary mark may be a classic movie scene, but it is not often the reality in today's money and business savvy world. Most people will make several ...

Guidelines for Making a Will

You can't take your property with you into the next life, but with a proper will you can direct what happens with it when you leave this one. A well-planned and executed will is essential to achieving a ...

What Kind of Lawyer Do I Need to Make a Will?

Lawyers supply a variety of legal services that range from defending individuals charged with crimes to providing large corporations with legal directives. While some law firms offer general legal assistance ...

How Can I Make My Own Will Legal?

A valid will assures you that, upon your death, your property passes as you direct -- not according to government statutes. In most states, your choice of heir is unrestricted, although a few jurisdictions ...

How to Make Your Will Legal in Indiana

Your will is a document that explains how to distribute some or all of your property when you die. Wills written in Indiana are governed by the Indiana Probate Code, which is found at Title 29 of the Indiana ...

How to Make My LLC a Parent LLC

A subsidiary company is a company that is owned wholly or in part by another company. The company that owns a majority interest in a subsidiary is considered its parent. A limited liability company, or LLC, is ...

Do You Need a Lawyer to Make a Will Legal?

Most U.S. states have a handful of specific items that must be included for a will to be valid. These include items like a signature, the appointment of an executor, and at least one phrase distributing some ...

More Making a Will Picks