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Nebraska Questions & Answers
1 Answer | Asked in Estate Planning and Real Estate Law for Nebraska on
Q: If my sister and I inherited a house from our parents, and my sister dies, so I now own all of the house?

The house is in both of our names.

Kelly Henry Turner
Kelly Henry Turner
answered on Jan 27, 2023

The answer would depend on how you and the sister owned the house. If the house is owned as Tenants-in-Common, each owns an undivided interest in the property. The deceased sister's interest would pass through her estate.

If the property is owned in Joint Tenancy with Rights of...
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1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Agricultural Law for Nebraska on
Q: Does a court go off the last Will made?

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Kelly Henry Turner
Kelly Henry Turner
answered on Jan 27, 2023

If the Will is valid the Court will admit the most recent recently executed Will. The Will could be challenged if there is any concern for undue influence, capacity or fraud.

1 Answer | Asked in Family Law, Child Custody, Education Law and Military Law for Nebraska on
Q: Under what circumstances might a person still be under the legal custody of their parents at 18 years old?
Julie Fowler
Julie Fowler
answered on Jan 26, 2023

If you live in Nebraska, the age of majority is 19 years old. Thus, an 18 year in Nebraska is generally still in the legal custody of their parents. One exception to this would be if the 18 year old is legally emancipated by court order.

1 Answer | Asked in Immigration Law for Nebraska on
Q: My girlfriend is her on a work visa, I am a U.S. citizen. Can we get married while she is here working.
Stephen Arnold Black
Stephen Arnold Black
answered on Jan 26, 2023

Yes. An immigrant who entered the US lawfully can adjust status to get a green card after marriage to a US Citizen.

1 Answer | Asked in Arbitration / Mediation Law, Child Custody and Family Law for Nebraska on
Q: I recently filed a modification of custody and was told that the next course of action is mediation.

Is it true that evidence brought up during a mediation cannot be brought up in court before a judge. Since i know my ex and i wont be able to agree during mediation.

Julie Fowler
Julie Fowler
answered on Jan 10, 2023

At trial, you can generally testify as to what the other party said to you. One exception to this is usually that comments that a person said to you as part of a formal mediation session are not allowed to be disclosed in Court.

Thus, generally yes, statements made in mediation are...
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1 Answer | Asked in Insurance Bad Faith and Civil Litigation for Nebraska on
Q: Want to know if I will be fined for a lapse of insurance or home owners insurance in the state of Nebraska.

I am changing companies and have been told that I have to have continuous coverage on my auto and home insurance. Is this correct for the state of Nebraska?

Julie Fowler
Julie Fowler
answered on Jan 10, 2023

You have to have "proof of financial responsibility" for your vehicles, which for most people, means that they have to have vehicle liability insurance (auto insurance) on the vehicle at least at the statutory minimums at all times. There are some exceptions that you can read about on... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes, Identity Theft and Military Law for Nebraska on
Q: This is my father and he does this to me. Please help me.

I have recordings

Julie Fowler
Julie Fowler
answered on Jan 9, 2023

Your question doesn't give any details as to you or your situation. If you believe a crime has been committed, you may need to file a police report.

1 Answer | Asked in Municipal Law, Small Claims and Construction Law for Nebraska on
Q: we hired a guy to do our sideing and roof on the house back in september we havent heard from him since what to do
Julie Fowler
Julie Fowler
answered on Jan 9, 2023

I assume that you also paid this person. There are cases of fraud where a contractor accepts payment or partial payment and then leaves the area without doing any work or having the intention to do so. If you believe you may have been scammed, you may want to contact the non-emergency line and... Read more »

1 Answer | Asked in Family Law and Child Support for Nebraska on
Q: In Nebraska, if a child is 18 and moves out of his mother's home, can father's support go to kid instead of mom?

I know child support must be paid until age 19 in Nebraska, but why would the mother get the money if the child no longer lives there after age 18? Can it go directly to the 18 year old child instead?

Julie Fowler
Julie Fowler
answered on Jan 9, 2023

It is actually not uncommon for a parent to still be ordered to pay child support even though the teenage child is no longer living with the custodial parent. The most common situation is when the teen is living in the dorms at the freshman year of college. So long as the custodial parent is... Read more »

1 Answer | Asked in Child Custody, Family Law and Landlord - Tenant for Nebraska on
Q: Can my sons father legally evict me? He keeps threatening to. I have a daughter that lives with us too.

The house is in his name, but I’ve cleaned, maintained and furnished it since he bought it (3 years ago, (we’ve been together for 6) and also have stayed home to take care of our son his life this far. Partner pays the mortgage and some utilities, I pay for and take care of everything else. He... Read more »

Julie Fowler
Julie Fowler
answered on Dec 30, 2022

If you don't own the property, the landlord can evict you, even if your landlord is your significant other. If you are married, the rules apply differently as you generally have marital rights to the property even if you are not on the title. The landlord would need to follow the proper... Read more »

1 Answer | Asked in Domestic Violence and Family Law for Nebraska on
Q: How many protection orders are you allowed to file in Nebraska

I would like to know How many times you can File for a protection Is order in Nebraska Is there a limit on how many you can file in a year

Julie Fowler
Julie Fowler
answered on Dec 29, 2022

I don't believe there is a set limit. However, a Court can reprimand a person (such as awarding attorney fees) for filing frivilous actions, such as repeatedly filing new actions after losing a similar action.

1 Answer | Asked in Animal / Dog Law and Civil Litigation for Nebraska on
Q: I won a small claims case for the return of my dog…I don’t want money…what now

What can I do now to get my dog back?? The judge said after the deadline he would have to pay me…

Julie Fowler
Julie Fowler
answered on Dec 29, 2022

Small claims actions are generally for money judgments. If you want other relief, such as return of property (like a dog) instead of money, then you may need to file a different cause of action outside of small claims court. However, if you are took the case to trial and the judge awarded you... Read more »

1 Answer | Asked in Business Law for Nebraska on
Q: The business is 50/50. He’s getting a truck for personal/business he will be paying for out of his own pocket

He’s wanting to retain ownership but have it under his business name. What should he do? Thanks.

Julie Fowler
Julie Fowler
answered on Dec 29, 2022

The Courts generally recognize how things are legally titled. You are generally asking for trouble if you want to legally place ownership under one party's name but have a side agreement that you don't really recognize how the property is legally titled. Vehicles come with liability.... Read more »

2 Answers | Asked in Divorce for Nebraska on
Q: What’s considered incompatible for a divorce? To what degree does mental illness come into play?

I think my wife wants to divorce me only because she wants to. We did try marriage counseling for a year but nothing improved. Working individually with him separately seems to work better. I’m unsure to what degree our marriage is legally irretrievably broken as I think if we could just talk... Read more »

Brad Marsicek
Brad Marsicek
answered on Dec 28, 2022

Nebraska is a no-fault divorce state. If your spouse is no longer willing to work on the marriage, your spouse will ultimately be able to obtain a divorce. Regardless of your the decision your spouse makes, you efforts to continue to seek help should continue. If you have a documented mental... Read more »

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1 Answer | Asked in Domestic Violence and Criminal Law for Nebraska on
Q: My boyfriend was arrested for domestic assault. This is his first offense with this, but he has other felonies.

I don’t want to continue on with it and just leave it at that. I don’t want a protection order or anything if the sort. What can I do? He is currently in jail waiting to see a judge. Bond is too high.

Julie Fowler
Julie Fowler
answered on Dec 19, 2022

You can contact the victim/witness department of the prosecutor's office or the other party's criminal defense attorney. However, if you change your statement, you can be charged with giving false statements to law enforcement or other charges. It is ultimately up to the prosecutor, not... Read more »

1 Answer | Asked in Car Accidents for Nebraska on
Q: If a large decorative rock was hit leaving the parking lot of a dealership, is the dealership liable?

Large decorative rock was hit leaving the parking lot of a dealership but the the dealership wasn't notified of the accident, rock could not be seen over the hood of the vehicle.

Julie Fowler
Julie Fowler
answered on Dec 19, 2022

If you damage property of another with your vehicle, you can be liable for the damage. You would need to speak with an attorney about your case if some exception applies in your situation.

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: In Nebraska how long does an order for ex parte temporary custody last?

My sons mother has a temporary custody order for my son how longdoes that temporary order last in nebraska??

Julie Fowler
Julie Fowler
answered on Dec 19, 2022

If it is an ex parte order, it generally only lasts until the hearing date that is generally set soon after the ex parte order is entered (usually within about 10 days).

If it is a temporary order in a protection order case, then it often states it lasts only a certain period of time, such...
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1 Answer | Asked in Gov & Administrative Law and Probate for Nebraska on
Q: So I’m not sure who to ask or what to do but I inherited a car from my dead mom. She did not have chance to get it titl

It titled - and the bill of sale is gone. How can I get the car in my name? Not sure who she bought it from

Julie Fowler
Julie Fowler
answered on Dec 7, 2022

If this is a Douglas County matter, there is information provided online to assist with such transfers by the Douglas County Treasurer.

https://www.dctreasurer.org/motor-vehicles/titles/transfer-of-decedent-s-title

If the title owner of the vehicle is not clear, an action may need...
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1 Answer | Asked in Contracts for Nebraska on
Q: I sold my bar to a lady who paid half up front and I self financed 303K over 5 years for her. She has yet to pay on it.

She is 4 payments behind and has a variety of reasons why she won't pay so I got a lawyer to send a demand letter. She has not responded to this either. I was wondering what the possible outcomes are on this? I can file a breach of contract suit obviously but what are the usual outcomes on... Read more »

Julie Fowler
Julie Fowler
answered on Dec 7, 2022

The Court will generally enforce the terms of a written contract. However, the odds of your success in the action depend on a lot of factors, including the specific terms written. Also, keep in mind that even if you receive a monetary judgment against the other party, it is harder to actually... Read more »

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: Can a single 18-year-old rent and apartment in Nebraska?
Julie Fowler
Julie Fowler
answered on Dec 7, 2022

You may want to review Nebraska statute Section 43-2101. It includes the following:

(a) Eighteen years of age or older and who is not a ward of the state may:

(i) Enter into a binding contract or lease of whatever kind or nature and shall be legally responsible for such contract or...
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