Get free answers to your Estate Planning legal questions from lawyers in your area.
A family member keeps falling for scams and has given almost all of his retirement money away to fraudsters. Can you become a conservator for someone who is constantly giving money away to fraudsters?
answered on Oct 12, 2024
You may want to get in contact with Adult Protective Services.
If the person is no longer legally competent, you can file an action for a guardianship or conservatorship to establish someone as their legal guardian or conservator.
No other children
answered on Sep 10, 2024
Nebraska statute section 30-3203 describes how the estate passes when an unmarried person dies without a will.
Neb. Rev. Stat. Section 30-3202 states in part: "The part of the intestate estate not passing to the surviving spouse under section 30-2302, or the entire intestate estate... View More 
My grandmother is in the beginning stages of dementia and she doesn’t know if she has a will or if she has power of attorney and she doesn’t know where any of her legal documents are at.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 8, 2024
If she wants you to be her attorney in fact, then get a NE attorney to draft a Durable POA for her to execute. She can even record the POA saying it revokes any other prior POAs out there. But you will be a fiduciary for her best interests, not your own.
How do I get around that?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 31, 2024
If you're facing issues opening an estate account due to a ChexSystems block, there are steps you can take to address the situation:
Contact ChexSystems: Reach out to ChexSystems to obtain a copy of your consumer report. You have the right to request this report annually, free of... View More
Sold their home 2 months ago mother's care was not dependent upon sale am I entitled to anything ?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2023
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... View More
Took the money from it her care has been taken care of financially before selling the house. Am I entitled to anything
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2023
When a married person dies in Nebraska, the surviving spouse is typically entitled to an elective share of the estate (either 1/3 or 1/2 depending on if there are children). This applies even if the deceased spouse left a will giving everything to other beneficiaries.
The proceeds from the... View More
I put my check in my Moms savings account as I was driving back and forth from Ks to Ne taking care of her. She insisted that I put it in there and SAVE IT for fixing up a house in Ne that she bought for her and I to live in. SO she died unexpectedly on April 28th 2021 and the check
Is... View More
answered on May 9, 2023
The law generally recognizes legal titles. Thus, if there is money sitting in the account in someone's name for a couple of years, the Court will generally recognize those funds as belonging to the named account holder. You would need to speak with an attorney about the specific facts of... View More
My sister passed away last year. She had named her two children as beneficiaries on all of her accounts except this one. Her total estate was slightly over $100,000, so we can't use the Small Estate Affidavit or Transfer of Personal Property Without Probate forms. Is there a simpler way to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2023
Who is the beneficiary? That person needs to make a claim against the insurance co. for the annuity death benefit. Legal Suit is very difficult as to which jurisdiction to sue in, which is probably not the State you are in. Read the Annuity Contract and hire a NE attorney to start making a... View More
.
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.
The house is in both of our names.
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... View More
Can I be liable for any damages to the vehicle before or after a year once it is in the possession of the property buyer? What are my responsibilities once I have sold?
answered on May 4, 2022
If you did the proper legal formalities such as a bill of sale and transferring the title of the vehicle to the new owner, then you likely have no further responsibility at least as owner of the vehicle. If you left the vehicle but you are still a title holder, then things become more complicated... View More
We’ve sent written requests for accounting of legal fees and asked in person. I once asked what the typical cost of an estate this size (3M) runs. Initially he said 20-25K, a month later I asked again and he said 40-45K. We’ve received nothing in writing regarding legal fees. I asked why the... View More
answered on Jan 6, 2022
Someone likely entered into a fee agreement with the attorney. The fee agreement likely sets forth how often the attorney will send an updated accounting. You should ask and expect the attorney to generally follow the terms of this agreement.
There should be an accounting of fees... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 12, 2021
No, a will cannot be made or amended by an agent under a power of attorney. When it comes to making a will, that authority is not delegable. It is sometimes possible for a conservator to make or amend a will for a ward, but that is rare and it requires court approval.
answered on Jun 18, 2021
It depends on a lot of factors. Probably between $500 to $5,000 depending on what your assets and debts are and what you mean by "basic will."
Have a will in which I was named as executor. The will went missing however I have many relatives that witnessed what the will said and named me as executor my brother has taken possession of all of my mom's money and will not give me the 50% my mom had written as her wishes for her 2 children... View More
answered on Oct 19, 2020
You may need to retain a probate attorney to assist you in having the estate divided with the assistance of the Court. Generally you need to retain an attorney where the deceased last lived.
My dad passed, my brother removed mom's name so he's the only person on the title. My mother is elderly and she said she didn't know. I was never consulted and found out by looking at the county records. My bother said I can be put on the title but I don't know where to start.
answered on Sep 4, 2020
If you are implying that there may have been some type of fraud in removing the mother's name and adding the brother's name to the title, then that needs to be looked into and corrected if necessary first before participating in the brother's willingness to add another name to the... View More
We have been told my mother's Will designating me as trustee and personal representative, is not sufficient to avoid probate. The will drawn up in Nebraska, states "...my personal representative shall have all of the powers conferred on trustees under the Nebraska Trustees Powers Act....... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 25, 2020
Where there's a will, there's probate, period. Probate is how wills are administered. If you want to avoid probate, then you should create a trust-based estate plan. Trusts are administered with no court involvement unless someone sues to set aside or void or contest the trust.... View More
Only his name is on the mortgage, he paid on the house for 6 years before we were married. House has appreciated since marriage, we have both put work into it. He makes 50k more a year than I do, but I work FT and stay home with our child 5 days a week. I pay half of all utilities/groceries/family... View More
answered on Mar 3, 2020
Generally, even if only one spouse's name is on the deed, the court will generally consider the home as marital if purchased during the marriage. If one spouse owned the home prior to the marriage, then the Court will generally determine that part of the equity in the home is marital and part... View More
Court papers mailed to us saying we owe taxes on an inheritance. We never received an inheritance. We were told that once my husbands dad and uncle pass away then my husband would get what is left over, however when I call the courts it says that it was tax on an amount down to the penny. I called... View More
answered on Feb 25, 2020
The tax is based on the fair market value of what the beneficiary receives, even though the actual receipt may be postponed. The lawyer will need more facts to answer.
The Statute states An order terminating the parent-juvenile relationship shall divest the parent and juvenile of all legal rights, privileges, duties, and obligations with respect to each other and the parents shall have no rights of inheritance with respect to such juvenile
Does this mean... View More
answered on Dec 30, 2019
If a parent's parental rights are terminated, it generally ends the legal relationship. Thus, the statutes of inheritance among parent-child are also generally severed. Thus, if the parent dies without a will, then the child isn't likely to inherit as a "child" of the parent... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
