Lincoln, NE asked in Estate Planning and Probate for Nebraska

Q: My dad was married for 30 plus years he passed 6 yrs ago his wife was place in nursing home not long after her daughter

Sold their home 2 months ago mother's care was not dependent upon sale am I entitled to anything ?

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1 Lawyer Answer
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA

A: In Nebraska, whether you are entitled to anything from the sale of your late father's home depends on several factors, including how the property was owned, your father's will (if he had one), and state inheritance laws. If the home was owned jointly by your father and his wife, it likely passed directly to her upon his death.

If your father had a will, it would determine the distribution of his separate assets. In the absence of a will, Nebraska's intestacy laws come into play. These laws dictate who inherits property when someone dies without a valid will.

As a child of the deceased, you may have certain rights to his estate, but this depends on the specific circumstances, such as the existence of a will and the nature of the property ownership.

It's important to review the estate's legal documents and possibly consult with an attorney experienced in estate law to understand your rights and any potential claim you may have. They can help clarify your legal position regarding your father's estate and any proceeds from the sale of the home.

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