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Nebraska Probate Legal Questions

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9 legal questions have been posted about wills and probate 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 living wills, and contested wills. All topics and other states can be accessed in the dropdowns below.

How to close a checking account

Answered 5 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
Hiring an attorney and paying court filing fees would cost more than $106.  Let the money go to the Nebraska State Comptroller.  If you want, after a few years (it varies from state to state), you can apply to claim your husband's share (some would go to any siblings).
Hiring an attorney and paying court filing fees would cost more than $106.  Let the money go to the Nebraska State Comptroller.  If you... Read More

My parents died within months of each other. Their lawyer no longer practices. How do we locate their will?

Answered 5 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer
Some lawyers keep a signed, witnessed and notarized copy of the Will or, more rarely, the original.  You can ask who took over the practice.  I few courts will keep a Will on file for a fee.  Most people keep their Wills at home, perhaps in a safe.  Some people keep them in a safety deposit box.  Hunt.  If you do not find it, ask a local probate attorney to help you file an application to determine heirs and probate (prove) the estate.... Read More
Some lawyers keep a signed, witnessed and notarized copy of the Will or, more rarely, the original.  You can ask who took over the... Read More

Is probate on an estate necessary to transfer title to a property that was left to a relative in a will?

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
Yes.  A will has no legal effect until a Court admits it to probate.  Probate is proving what the person owned, what they owed, and who they wanted to get the rest.
Yes.  A will has no legal effect until a Court admits it to probate.  Probate is proving what the person owned, what they owed, and who... Read More

My sister is the executor and has been very secretive about the funds now I find out she's had the money but won't pay me said she will give me some

Answered 6 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer
A Will has no legal effect until it is admitted to probate.  Check with the county probate clerk to make sure that it has been and that you are a beneficiary.  In many states a certain number of months (say, 15) after the executor has been appointed, a beneficiary is entitled to request an accounting.  If it is not produced within a certain number of days (say, 60), the beneficiary is entitled to petition the court to remove and replace the executor.... Read More
A Will has no legal effect until it is admitted to probate.  Check with the county probate clerk to make sure that it has been and that you are... Read More

What do I do as a beneficiary to my father's will and my brother is executor. He won't communicate, text, answer the phone, I'm totally in the dark.

Answered 6 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer
A trust beneficiary has a right to request a distribution but not necessarily a right to receive a distribution.  Your father must have had some reason for leaving his bequest to you in trust. You can check the inventory filed with the county probate clerk to learn how much was initially available to pay your father's debts and split among your two siblings and the trust. In some states you are entitled to an annual accounting.... Read More
A trust beneficiary has a right to request a distribution but not necessarily a right to receive a distribution.  Your father must have had some... Read More

As a stepchild, that was once in the will. It has been changed. Can I contest it?

Answered 9 years and a month ago by Maryellen Sullivan (Unclaimed Profile)   |   1 Answer
Hi Mary - This sounds like a difficult situation.  Your stepmother had the right to change her Will whenever and however she wanted, and was under no obligation to provide copies of it to anyone else.  Once she passed away, a personal representative usually is appointed by the probate court to administer the estate.  If an estate has minimal assets or all of the assets were jointly owned or had named beneficiaries (like pay-on-death accounts or retirement accounts), then probate is not necessary.  Otherwise, as part of the probate process, the Will of the person who died in filed with the probate court.  If you are not named in the Will and not a blood relative, you will not receive notice of the probate proceedings.  But they are available to the public, so you would be able to read the Will there.  Good luck.... Read More
Hi Mary - This sounds like a difficult situation.  Your stepmother had the right to change her Will whenever and however she wanted, and was... Read More

do you have to leave anything to your kids in your will

Answered 12 years and 7 months ago by attorney William R. Pelger   |   1 Answer
not in PA, not sure in NE, but probably the same.
not in PA, not sure in NE, but probably the same.

A relative passed away in Scotts Bluff, NE. How do I find the published article that solicits creditors and contests to the will?

Answered 14 years and 2 months ago by Gale Graham Allison (Unclaimed Profile)   |   1 Answer
Are you certain that your relative passed along the estate by a Will?  If not, there might be no notice.  If you are certain that a Will is going to be offered to probate, you can ask the probate court clerk for the names of the legal newspapers that notices are published in and subscribe to them.  Some Courts also post to searchable websites.  But your most secure option is to hire a Nebraska attorney in the area to represent your interests. To your success,Gale Allison, Principal AttorneyThe Allison Firm, PLLChttp://www.theallisonfirm.com... Read More
Are you certain that your relative passed along the estate by a Will?  If not, there might be no notice.  If you are certain that a Will... Read More

If you are named in a will in Nebraska, is it required by the personal rep or attorney or the court to contact you and let you know about the death?

Answered 14 years and 2 months ago by Gale Graham Allison (Unclaimed Profile)   |   1 Answer
Contact a lawyer experienced in probate immediately, to represent your interests. If you know the attorney handling the estate probate you can call that attorney and ask for information, but he or she does not represent you and you will be better protected with your own lawyer. To answer your question, you should have been notified. To your success,Gale Allison, Principal AttorneyThe Allison Firm, PLLChttp://www.theallisonfirm.com ... Read More
Contact a lawyer experienced in probate immediately, to represent your interests. If you know the attorney handling the estate probate you can call... Read More
Wills and Probate
Nebraska

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