Nebraska Probate Legal Questions

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 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 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 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 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 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 Answer