Nebraska Estate Planning Legal Questions

Unless the account way pay on death to someone or you and your father held it joint with right of survivorship, it is part of the estate to the extent that it is your father's money.  You may have been a convenience signer, meaning it is 100% his.  You may have held the account jointly, meaning either that it is 50% his or that the traceable amount he contributed to the account is his.... Read More

No. If your father died without a will, his entire estate goes to his heirs. If he was not married at the time of death, then equals shares will go as follows; one to each of his children and one to the issue of each of his children, if any, who died before he did but are survived by issue who survived him.... Read More

Is she filing a lien in regards to the amount of money she is promised in her father's will? If so, no she cannot file an lien because she has no right to an amount of money prior to her father's death. She may have an interest in the property if somehow the will is found invalid or she contests the will. It would be a good idea for you to make sure you have a joint and survivor deed with your husband or a transfer on death affidavit if you are not on the deed. ... Read More

If you have sufficient assets to pay for your nursing home care, it won't matter what you do with the rest of your funds. However, if you're trying to whittle down your assets so you qualify for government assistance in paying for nursing home care, spending your savings on homes for your daughters will probably be considered when you apply for government assistance. There is a look back period, often of several years. There will also be tax consequences for making that size of gift to your daughters. Check with a local attorney, an accountant, and area nursing homes for specific advice on this issue.... Read More

Without seeing the trust document, I can't answer specific questions. However, based on your descriptions of what has and hasn't been paid for in the past, it sounds like the trust handles the large expenses such as the mortgage or major structural repairs. You, and now your son, are responsible for regular maintenance, including materials and labor. You'll have to talk to the trust's trustees to find out what specific expenses the trust will pay and what they will reimburse you for. And you will always need to provide a receipt for materials in order to get reimbursed.... Read More

It would be good to have those numbers. There may be tax documents you need to file. How you choose to distribute the life insurance to the other parties will determine if you are making a gift to the beneficiaries or if you are declining part of an asset that then gets returned to the decedent?s estate and distributed to the other parties.... Read More

If you name a beneficiary on almost any financial document and the beneficiary is ?payable upon death?, only the beneficiary you name will inherit the assets. This includes IRAs. Should you die tomorrow, your children who are named on the account can submit a death certificate and receive the money directly. The asset will not be included in your estate and your wife would have no claim to it. If your child is a spendthrift or incapable of managing the money him/herself, too bad it?s his/hers to do with as he/she wishes. Also, if a child is receiving government benefits, the benefits may be reduced or eliminated until all the money is gone. If the child is a minor when he/she inherits, the inheritance might be put into a trust and a trustee named to manage it until the child reaches the age of majority. Sounds like it would be a good time for you and your wife to sit down, review your assets, and decide what should happen if either of you dies. Then make the necessary changes and/or contact an attorney to draft the documents for you.... Read More

There may be a number of legitimate reasons why your sister could do this. As a court-appointed personal representative, your sister must file a list of your father?s assets with the court at the start of probate and a list of what happened to those assets when probate is completed. She is responsible for seeing that the terms of your father?s will are met to the fullest extent possible. She must also make sure that the outstanding bills are paid and that the expenses of selling or distributing the assets are covered (expenses like the realtor?s fee for selling the house). While probate is still on-going, she is responsible for holding any money made from the sale of the house and other assets in a special bank account . Only when probate is finished will she be allowed to distribute any bequests or cash to you and your brother. You can ask the probate court to order that you get a copy of every report she files. And you can object to the final distribution of the assets when she applies to the court to end the probate if you think that you were somehow cheated by her actions.... Read More

I don't think this is a question of whether she is vulnerable or not. It seems to be whether the terms and conditions of the trust are being followed appropriately. This person should hire her own lawyer to review the trust and audit the finances. If she can't afford an attorney, contact the state bar association or the nearest law school and ask for assistance.... Read More

First, talk with another attorney who?s an expert in this area of law. You don't provide enough details to provide a specific answer to your question. While the trust may be irrevocable, there may be a way for your mother to change the management of the trust to ensure that the land is properly handled after her death.... Read More

Any assets of the decedent will be distributed according to the intestacy laws of the state the decedent lived in. Usually the remains of the estate (what's left after all the bills are paid) are distributed in the following order: surviving spouse, surviving children, surviving grandchildren, and any other surviving descendants. If there are no surviving decedents, the estate would go to the decedent's surviving parents, then surviving siblings (by birth or adoption), and then surviving descendants of siblings. In your case, the estate would probably be distributed equally between the two sons.... Read More

You could petition the local probate court to acknowledge that the trust has come to its natural end and order that the payments should begin. However, that might not happen quick enough to deal with your present emergency. If it does, you may not be able to access more than the annual payment established by the trust.... Read More

If your cousin is legally competent, he can create a new power of attorney document that specifically terminates his previous POA and names you as his new agent. He should also notify anyone who has relied on the earlier document that it is no longer in effect and that his sister no longer has authority to act on his behalf. However, if he is not competent or the current POA has been approved by a court, he will not be able to change agents on his own. Also be aware that becoming an agent for another person opens you up to civil and criminal charges if you mishandle the authority granted to you.... Read More

Your brother, as personal representative, has the obligation to distribute the remains of your mother's estate (after all outstanding bills and expenses are covered) either according to her will or according to the laws of intestacy. If your mother's husband doesn't want the property and you're not entitled to it either via a will or intestacy law, you can make an offer to the estate to purchase the house on your own.... Read More

You may be entitled to some of the estate but there are a number of variables that will determine the answer to your question, including what state your father and step-mother resided, whether they bought the property as tenants in common or joint tenants, whether or not your father had a will, and the amount of debt your step-mother has at the time of her death. Contact an estate attorney for a more specific answer.... Read More