Nebraska Estate Planning Legal Questions

Once an estate is filed in probate, there is usually a statutory period of time by which it must be settled. Any family member may serve as the executor, with the judge's approval. You don't need an attorney. Given that mineral rights in North Dakota can be really valuable right now, the court will want to get this settled. The heirs of someone who dies intestate (without a will) depend on state statute and are usually in this order: surviving spouse, surviving children, surviving parents, then surviving siblings. However, the way your mother obtained the mineral rights might also impact who inherits them. Contact your state's Bar Association and ask if it can give you the names of attorneys who will help you pro bono or at a reduced fee.... Read More

You will certainly need some sort of deed to submit to the Recorder of Deeds or County Assessor's Office. Whether that needs to be a warrantee deed will depend on the circumstances. If the property is entirely owned by one trust and is being sold to another trust, a warrantee deed would probably be appropriate. However, if the land is jointly owned by both trusts or there is some other unique situation, a quit claim deed may be sufficient.... Read More

There is no law I know of that allows a person to mandate a DNA test of another person. Outside of criminal cases, DNA tests are required only to provide proof that a person is the biological parent of a minor and consequently is obligated to provide child support. As you are an adult, you would not have that option. I have several friends who, like you, are in the process of finding and attempting to reconnect with biological parents or children. It is an extremely emotional process. In some cases, the relationship works and in others it doesn't. The only way any relationship can go forward is if both parties are willing to let it. There may be a number of valid reasons why this gentleman does not want to meet with you. It may be that he knows for a fact beyond any doubt that he is not your father. It may be that he has extremely upsetting memories of that time in his life and has no wish to revisit the past. Of it may be that he is emotionally and/or physically so frail that his wife wishes to protect him from any situation that may cause him stress. It sounds like you have done everything possible to make the connection. You can only wait until he is willing to reach out to you. It may be worth your time to have a talk with his case worker and explain why you are attempting to make contact. While he or she cannot share any personal information about this man with you, he or she may be able to serve as a conduit between you two, should this man decide he wants to know more about you.... Read More

A decedent's heirs have no rights to the assets of the estate until after all the decedent's outstanding bills are paid. The executor of your mother's estate must gather all of her assets (real and personal property, bank accounts, vehicles, etc.) and notify all of the creditors (medical, nursing home, funeral home, mortgage company, utility companies, credit card companies, etc.) to submit a final claim by a certain date. All of those outstanding claims must be paid off first. The heirs take whatever is left over. If there is nothing left over, the heirs get nothing.... Read More

These types of agreements, while made with the best of intentions, can become problematic. For example, did stepfather have authority to make this agreement? Is there a trust or will, or how is this accomplished? Who pays for upkeep and taxes? Might be a good idea to have an attorney review the documents, see whether the stepmother has a legal claim. If she does, minimally, it may be possible to negotiate with the stepmother.... Read More

I assume that you mean that your adopted father wrote a will several years ago that excluded you and some of your siblings. He later indicated that he wished to leave some of his estate to you but never drafted a new will. The probate court will abide by the terms of the existing will unless 1) you can prove that the will is somehow invalid or fraudulent, should be set aside, and your father's estate distributed according to the state's laws of intestacy, 2) you can prove that your father did not mean to leave you out of the will and you should inherit some part of the estate (very difficult to do), or 3) you can prove that your father was legally incompetent at the time he executed the will and he did not know what he was doing or who he was making bequests to (also very difficult). Another possibility, depending on how the will is drafted, is to convince those who do inherit via the will to reject some of their inheritance and allow it to be passed on to you. However, if the will has a remainder clause, the rejected bequest will go to that person(s).... Read More

It sounds like you may have a case here against your sister for a portion of what she received from your mother. This actually happens often with elderly parents. They trust one sibling and put everything in their name trying avoid probate and other anticipated problems after their death. However, that sibling does not and may have never intended to share the assets with the other siblings as promised. Legally, it is as though your mother made a gift to her during her lifetime, however, you can contradict that by filing a suit against your sister in probate court if you have proof that your mother intended that all the sibling share in her estate or that your mother was tricked or deceived into transferring all her assets to your sister. I would recommend that you consult with a probate attorney to properly evaluate all the facts of your case and make a recommendation to you regarding your course of action.... Read More

In California, you can not will away more than your half of the community property that being all of the property accumulated during the marriage. There may also be some quasi marital property due to the length of time the couple has been together. You should consult a probate attorney who is familiar with family law concepts to review all of the facts and advise you.... Read More

It sounds like the attorney die what he was required by law to do. He could not let the estate pay for "services" that may not have been worth it to the estate. He probably saved you real big headache when the other devisees learned of the payment and then filed a motion to have it reversed.... Read More

A dog is considered property. There is no notion of visitations right. You would have to sue for conversion in Superior Court [$300 filing fee] and might not win since she has had him for seven years. I assume you have split up with your girlfriend and she is keeping him because she is bot attached to the dog and because she wants to get back at you.... Read More

Tough case. Given that your girlfriend has had "custody" of the dog all this time, I am not sure what a judge would do. The fact that you have allowed her to keep him all this time and not done anything about getting him back may cause a judge to consider her the owner. If you can prove that you have paid all his expenses, and have receipts for everything, that might matter. Otherwise, it is going to be your word against her word. If you can work this out between you, that would eliminate the costs and uncertainty of court.... Read More

Wait, without a will, grandfather's estate would have been split between his spouse and his children. If he owned the real property as tenants by the entirety with his wife, then the will doesn't matter, she owns in upon his death. Really, you should have a lawyer review the deeds and let you know how best to proceed.... Read More

Too many questions and not enough information to say for sure. It all depends on the deed. If the title gives the mother a life estate, then she has the right to stay there or rent the property during her lifetime and the uncle can act on her behalf, under the POA. He cannot change the title, however, and there is no way I can see him either bringing it to court or winning. If this is a battle, however, your friend needs to retain an attorney to help him protect his rights.... Read More

From what you describe, it sounds like mom gets use of the property until she vacates it with no intent to return to it, at which time the two sons will have rights in it. In California, the brothers would be advised to probate dad's estate to establish their rights in the property, not only for after mom passes but their presently held rights as remainderpersons (e.g., to prevent waste).... Read More

I urge you to contact an Estate Planning attorney. There are provisions for passing possessions without a will in every state; it is called intestate administration of the estate. Generally the spouse and children of a deceased person have priority in the distribution of the assets, the percentages and details are slightly different in each state.... Read More

You should discuss it with him. He should discuss it with his estate planning attorney. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.... Read More