Nebraska Estate Planning Legal Questions

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77 legal questions have been posted about estate planning by real users in Nebraska. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include trusts and estates, powers of attorney, and charitable giving. All topics and other states can be accessed in the dropdowns below.

How do you differentiate a living trust to a will?

Answered 12 years and 3 months ago by Aaron W. Goren (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Estate Planning
File for probating of your Father's estate, without a Will, in Probate Court. The Personal Representative will have the power to view all relevant papers.
File for probating of your Father's estate, without a Will, in Probate Court. The Personal Representative will have the power to view all relevant... Read More

Can a non family member Personal Representative (by courts) underbid estate sale price and sell to her family member?

Answered 12 years and 3 months ago by Georges Herman Shers (Unclaimed Profile)   |   13 Answers   |  Legal Topics: Estate Planning
Under bidding is not allowed and it is a conflict of interest to sell the property in a non-arms length transaction to a relative.? Go to court with the evidence to get the sale revoked or damages paid in the form of the higher bid and the representative removed and no payment given them for their work.... Read More
Under bidding is not allowed and it is a conflict of interest to sell the property in a non-arms length transaction to a relative.? Go to court with... Read More

Are verbal and written agreements between attorneys binding and can be enforced?

Answered 12 years and 3 months ago by Georges Herman Shers (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Estate Planning
This sounds like a law school question. It is not our function to answer such questions.
This sounds like a law school question. It is not our function to answer such questions.

How can my husband find out if his mother's property were all signed over to his sister?

Answered 12 years and 3 months ago by Erven T. Nelson (Unclaimed Profile)   |   14 Answers   |  Legal Topics: Estate Planning
He needs to hire a good lawyer who specializes in wills and estates. The lawyer will write a letter to the sister demanding an accounting and will research the court records to see whether or not an estate was set up and probated.
He needs to hire a good lawyer who specializes in wills and estates. The lawyer will write a letter to the sister demanding an accounting and will... Read More

How can my husband find out if his mother's property were all signed over to his sister?

Answered 12 years and 3 months ago by Edwin K. Niles (Unclaimed Profile)   |   14 Answers   |  Legal Topics: Estate Planning
Contact a lawyer who will do the detective work. Start with a title company to see what documents were recorded.
Contact a lawyer who will do the detective work. Start with a title company to see what documents were recorded.

How can my husband find out if his mother's property were all signed over to his sister?

Answered 12 years and 3 months ago by Mr. Brian Haggerty (Unclaimed Profile)   |   14 Answers   |  Legal Topics: Estate Planning
Absolutely get a lawyer. You must not delay any longer the longer sister goes without being reigned in, the worse your chances for ever getting things straightened out.
Absolutely get a lawyer. You must not delay any longer the longer sister goes without being reigned in, the worse your chances for ever getting... Read More
In Nevada, the Estate should be paid. If he has a judgment against the Estate he can open the probate as creditor. If the rest of won't do it, he can.
In Nevada, the Estate should be paid. If he has a judgment against the Estate he can open the probate as creditor. If the rest of won't do it, he... Read More

How can this estate be opened since the siblings won't sign the necessary papers?

Answered 12 years and 3 months ago by Roger Durkin (Unclaimed Profile)   |   18 Answers   |  Legal Topics: Estate Planning
No will, then no executor. Only the decedent could select an executor. A member of the family or for that matter, anyone with an interest, can file a petition in probate court to be appointed "administrator" of the Estate. At which point, the administrator is empowered to act on behalf of the estate.... Read More
No will, then no executor. Only the decedent could select an executor. A member of the family or for that matter, anyone with an interest, can file a... Read More

How can this estate be opened since the siblings won't sign the necessary papers?

Answered 12 years and 3 months ago by James Timothy Weiner (Unclaimed Profile)   |   18 Answers   |  Legal Topics: Estate Planning
I believe that the brother who is owed the money should file.. The Court WILL appoint someone personal representative without "the signatures" of the others .. its just a bit more expensive and takes a court hearing (all potential heirs have the right to object so) He should contact a knowledgeable probate attorney.... Read More
I believe that the brother who is owed the money should file.. The Court WILL appoint someone personal representative without "the signatures" of the... Read More

Can I sue the board of trustees or the CFO for my unpaid retirement?

Answered 12 years and 4 months ago by Georges Herman Shers (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Estate Planning
Since it was a company obligation, your only relief probably is against the company and not its directors, unless they acted directly to no pay you. Speak to a consumer rights attorney or one who represents employees on wage and hour complaints to see what they think. If need to act before the Statute of Limitations of four years runs.... Read More
Since it was a company obligation, your only relief probably is against the company and not its directors, unless they acted directly to no pay you.... Read More

How would I collect my fatherโ€™s vehicle from his girlfriend if he doesnโ€™t have a Will?

Answered 12 years and 4 months ago by Georges Herman Shers (Unclaimed Profile)   |   12 Answers   |  Legal Topics: Estate Planning
You would have two choices. First go to her and point out that you are sorry but the law does not provide for a live in girl friend to be entitled to any property and you want her to turn it over [what of furniture, etc.]. If she does not believe you, go to an attorney to get a quick, [should spend much less than one hour for a letter to tell her] letter to try to convince her. If that does not work, file for a Will-less probate to get title transferred to you [beware that she might try to sell the vehicles but since she does not have a pink registration slip she should not be able to sell them]. That takes some time and money. In California you can file for a small estate probate. Get some book written for lay people, such as Nolo Press in Berkeley, Ca., and read what is involved. It may not be worthwhile to get all three back.... Read More
You would have two choices. First go to her and point out that you are sorry but the law does not provide for a live in girl friend to be entitled... Read More

If a person dies, does his share of the estate go to the others or his personal heirs?

Answered 12 years and 4 months ago by John F. Brennan (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Estate Planning
It depends on the will, trust or law, and therefore your question cannot be answered on the facts presented.
It depends on the will, trust or law, and therefore your question cannot be answered on the facts presented.
Hard to say. An attorney should review the Will and court papers to advise you.
Hard to say. An attorney should review the Will and court papers to advise you.

What should the distribution of the estate be?

Answered 12 years and 4 months ago by Edward L. Armstrong (Unclaimed Profile)   |   15 Answers   |  Legal Topics: Estate Planning
The estate of each parent would be distributed to his or her heirs at law. Assuming they are domiciled in the State of Missouri the errors of each would be (since they aren't married to each other) children, and equal shares and if there are no children or their descendants, then to parents, brothers, sisters, and their descendants; if there are no parents brothers sisters and their descendants then to grandparents, etc. etc. since the five children are the children of only one of the parents they would only take from the estate of their deceased parent.. If one of those children had predeceased the parent leaving children then those surviving children (i.e., the grandchildren of the deceased parent) would split the share of their deceased parent equally, per stripes.... Read More
The estate of each parent would be distributed to his or her heirs at law. Assuming they are domiciled in the State of Missouri the errors of each... Read More

Is it possible to stay anonymous after winning a large lottery?

Answered 12 years and 4 months ago by attorney Christine James   |   3 Answers   |  Legal Topics: Estate Planning
Yes. Meet with an experienced estate planning attorney.
Yes. Meet with an experienced estate planning attorney.

Is it possible to stay anonymous after winning a large lottery?

Answered 12 years and 4 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Estate Planning
It really depends on the laws of New Jersey. Some states allow winners to remain anonymous, some don't. If you won, talk with a New Jersey trust and estate attorney. If you have not won yet, wait until you do.
It really depends on the laws of New Jersey. Some states allow winners to remain anonymous, some don't. If you won, talk with a New Jersey trust... Read More

Can the witness in a will also be able to sign for the person writing the will, if the person has bad hand writing?

Answered 12 years and 4 months ago by James Timothy Weiner (Unclaimed Profile)   |   11 Answers   |  Legal Topics: Estate Planning
A witness cannot sign for a party.. however if someone cannot write a simple x on the signature line properly witnessed will do.
A witness cannot sign for a party.. however if someone cannot write a simple x on the signature line properly witnessed will do.
Sell the timeshare if you want to release them of the burden. That said, your estate is liable for the debt not the heirs, so if they don't want it they will not be responsible for the debt. That said the timeshare company can go after your estate if they so choose. They typically don't, but can.... Read More
Sell the timeshare if you want to release them of the burden. That said, your estate is liable for the debt not the heirs, so if they don't want it... Read More
Not unless they were parties to the suit.
Not unless they were parties to the suit.

What is the procedure to do a succession with my children from my spouse that passed?

Answered 12 years and 5 months ago by Thomas Corcoran Phipps (Unclaimed Profile)   |   14 Answers   |  Legal Topics: Estate Planning
You have to set up wills or wills and a trust and provide for the distribution of property. You need an attorney who handles estate planning matters.
You have to set up wills or wills and a trust and provide for the distribution of property. You need an attorney who handles estate planning matters.

Who is responsible for my fatherโ€™s medical bills after he died?

Answered 12 years and 5 months ago by Christine Sabio Socrates (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Estate Planning
You need to inform the medical institutions that he does not have any probate assets to pay the medical bills. They will need proof that there is no probate estate opened and no assets and they will usually write the bill off.
You need to inform the medical institutions that he does not have any probate assets to pay the medical bills. They will need proof that there is no... Read More

How will my father can get rid of this lien which is not belongs to him?

Answered 12 years and 5 months ago by Victor L. Waid (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Estate Planning
You will have to obtain real estate lawyer to bring a quiet title action, to clear title, and to have the lien removed, if not validly placed on the property. Apparently, you did not record the Quit claim deed prior to the judgment occurring?
You will have to obtain real estate lawyer to bring a quiet title action, to clear title, and to have the lien removed, if not validly placed on the... Read More

Is it legal to have the locks changed on her house to prevent any siblings from entering and taking things without my knowledge?

Answered 12 years and 6 months ago by Mr. James G Maguire (Unclaimed Profile)   |   15 Answers   |  Legal Topics: Estate Planning
You have an obligation as executor to preserve your mother's assets. I often suggest to clients in similar situations to change locks.
You have an obligation as executor to preserve your mother's assets. I often suggest to clients in similar situations to change locks.

Can the buyers take me to court and force me finish sale if my dad died a few days before closing his land sale?

Answered 12 years and 6 months ago by Erven T. Nelson (Unclaimed Profile)   |   14 Answers   |  Legal Topics: Estate Planning
You need a good probate lawyer to help you determine your rights. You father's estate probably has the legal obligation to complete the sale.
You need a good probate lawyer to help you determine your rights. You father's estate probably has the legal obligation to complete the sale.

Why haven't I received my share of my dad's insurance money and my brothers and sister did?

Answered 12 years and 6 months ago by Thomas Corcoran Phipps (Unclaimed Profile)   |   11 Answers   |  Legal Topics: Estate Planning
You should send a letter to the insurance company explaining the situation. You should send any supporting documentation such as your birth certificate and your father's death certificate.
You should send a letter to the insurance company explaining the situation. You should send any supporting documentation such as your birth... Read More