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Questions Answered by James Polack
1 Answer | Asked in Real Estate Law for Nebraska on
Q: If the executor of the will refuses to provide it and keeps all the estate proceeds, what can be done legally?

I am trying to help my parents. My uncle lived next door to my grandparents and when they passed, as the executor of the will/estate, he refused to show the will or give any of the proceeds of the estate to the other family members. My parents didn't pursue him legally (my mom was afraid of... Read more »

James Polack
James Polack answered on Jan 8, 2021

There's not enough information here to provide an exact answer. What can be done depends on what assets would pass under the grandparent's Wills, how long ago they died, the values of the real estate and the personal property, and other factors as well.

The first thing your...
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2 Answers | Asked in Probate for Nebraska on
Q: My mom is deceased I am executer of her will how do I file the will with the state of nebraska so I can sell her house

And does it get filed in probate because it's worth over $50,000 dollars

James Polack
James Polack answered on Jan 5, 2021

In some cases, a probate case has to be filed in court but not in all cases. You should consult an attorney in person, who works in probate, or in real estate, or both, for guidance. The attorney should review the Will, the relevant real estate records, and any other relevant info before... Read more »

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2 Answers | Asked in Real Estate Law for Nebraska on
Q: My elderly mom wants to transfer her paid in full home in NE to me, what is needed?

Her husband has recently passed and may have to place her in a care facility

James Polack
James Polack answered on Oct 22, 2020

Your mother should consult an elder planning attorney first.

Transferring her home may result in disqualification for Medicaid or have other unforeseen results.

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1 Answer | Asked in Real Estate Law for Nebraska on
Q: Can i enter a property that i am buying that currently has renters

can i enter the property if give tenants a 24 hour notice. the tenant is being evicted on Oct 13. The property was a rental property but I am buying the property.

James Polack
James Polack answered on Sep 15, 2020

You are not the landlord if you are in the process of buying, so no, you can't enter even if you give notice.

You could have the actual landlord give notice and they can take you with them to see the property.

You should probably be represented by an attorney in the purchase as...
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1 Answer | Asked in Probate for Nebraska on
Q: Mom passed away, I would like to buy her home. sibling is the Estate PR will not sell me the house. What can I do

Sibling is lying to the lawyer saying she is making it possible for me to go into the house. This is not true. My siblings have made it impossible for me to go into the house. My daughter is also interested in purchasing the home PR will not respond to request

James Polack
James Polack answered on Aug 17, 2020

You need to contact the judge in the probate court, if the case is in probate court, preferably with a lawyer.

If its not in probate court you need to get a lawyer and see it it could be brought to probate court.

The factual and legal possibilities are too broad to be more...
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1 Answer | Asked in Real Estate Law for Nebraska on
Q: Is this even legal? What options do we have available.

I live in Nebraska. Where I live has 76 condo units. My family amongst us owns 6 of them. 2 are owner occupied the remaining 4 are rentals. Of the 76 units 25 are non-owner occupied with most being rented to the owners family members. The association is now trying to add wording to our bylaws that... Read more »

James Polack
James Polack answered on Feb 4, 2020

You have stated there are 76 condo units. I would not be able to give any opinions without doing a conflict of interest check first. Based on your family's ownership of multiple units, I suggest you make an actual office appointment with an attorney.

2 Answers | Asked in Consumer Law, Collections and Small Claims for Nebraska on
Q: How do I recover money paid to a contractor who never finished the job? My elderly uncle prepaid for tree removal.

My uncle is too trustworthy and didn't ask for a receipt. I have several texts from the contractor stating that he'd be over to finish the job and we have my uncle's bank statement showing a large cash withdrawal (which he never does) and of course we still have the tree standing.... Read more »

James Polack
James Polack answered on Jan 26, 2020

You might consider Small Claims Court.

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1 Answer | Asked in Civil Litigation and Collections for Nebraska on
Q: I owe $7000 for damage in an auto accident. Told the collection agency I can pay $100 per month. All I can afford.

As long as I am giving them something, they gave to accept it. Is this correct?

James Polack
James Polack answered on Jan 9, 2020

Under Nebraska law the insurer or their collection agency can sue you for the $7,000. If they get a judgment they can typically garnish 25 percent of your wages if you are not head of household, 15 percent if you are head of household, and they can garnish 100 percent of your bank account unless... Read more »

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