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Nebraska Probate Questions & Answers
1 Answer | Asked in Real Estate Law and Probate for Nebraska on
Q: Do I have to hire a lawyer if my father passed away and he owns a house and I'm the only child
Anthony M. Avery
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answered on Mar 15, 2024

You need to hire a NE to find a way to get a source of title placed of record. Otherwise noone knows you own the property.

2 Answers | Asked in Family Law and Probate for Nebraska on
Q: What can you do if a grandchild who was not named in a will takes things from a deceased person's house and won't return
Julie Fowler
Julie Fowler
answered on Nov 28, 2023

I agree with the other attorney. You can call the non-emergency law enforcement phone number and make a police report if you believe a crime has occurred. You can also speak with the executor of the estate and they can file a motion within the probate case to ask the Court to enter an order... View More

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1 Answer | Asked in Estate Planning and Probate for Nebraska on
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 ?

James L. Arrasmith
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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

1 Answer | Asked in Family Law, Estate Planning and Probate for Nebraska on
Q: My father passed 6 yr ago married for 30 plus yrs she has been placed in a nursing home house was sold and her children

Took the money from it her care has been taken care of financially before selling the house. Am I entitled to anything

James L. Arrasmith
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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...
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1 Answer | Asked in Estate Planning and Probate for Nebraska on
Q: Do we have to go through probate to receive the funds in one annuity account of unknown $ amount?

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

Anthony M. Avery
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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

1 Answer | Asked in Probate for Nebraska on
Q: When there are multiple owners listed on real-estate and one dies,Does the property have to go through probate.
Julie Fowler
Julie Fowler
answered on Feb 16, 2023

It depends on how the property is titled. Tenancy in common is different than if it is titled with right of survivorship.

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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2 Answers | Asked in Probate for Nebraska on
Q: I am a resident of Massachusetts - a Nebraska county court judge is trying to force me to appear in person during covid

i am the PR - I do not want to have to come to nebraska during covid - do I need to file for an injunction in Nebraska before filing in federal court in Massachusetts?

Anthony M. Avery
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answered on Feb 5, 2021

You might move to be removed as Personal Representative. But all assets that have come into your possession would have to be transferred to the new, proposed PR. Federal Court probably has no jurisdiction in this matter, and if a Court wants a hearing, that is the Judge's discretion, not... View More

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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... View More

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1 Answer | Asked in Estate Planning and Probate for Nebraska on
Q: My mother lived in Colorado Springs I live in Nebraska and my brother lives in Oregon I am the oldest child my mom did

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

Julie Fowler
Julie Fowler
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.

1 Answer | Asked in Real Estate Law, Elder Law, Estate Planning and Probate for Nebraska on
Q: What are the steps to getting your name added to a house title in Lincoln Nebraska? Brother had mom's name removed.

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.

Julie Fowler
Julie Fowler
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

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 Probate for Nebraska on
Q: Deceased uncle’s divorce decree states his employer’s life ins policy name his ex as Beneficiary. She is not named

He was retired. His employer confirmed his ex is not listed as beneficiary and that his next of kin need to waive their rights to it for her to get it. She insists she was at one time, but assumes the employer messed up and failed to enter her name into the system. His next of kin are 2 sisters... View More

Julie Fowler
Julie Fowler
answered on Jul 22, 2020

You will want to contact a probate attorney in the State where the estate is being probated.

1 Answer | Asked in Probate for Nebraska on
Q: In Nebraska my dad died and left money to my brother my mom and myself my mom was put in a nursing home and has now died

My brother and I are listed as beneficiaries do we have to go through the whole process again of inheritance tax on bank accounts, life insurance and dads retirement left to my mom.

Julie Fowler
Julie Fowler
answered on Mar 16, 2020

It isn't clear from your question the time frame of the events you describe. Generally you have to go through the same process each time you receive an inheritance but this may not be the case depending on the timing and the specific facts of your case.

1 Answer | Asked in Estate Planning and Probate for Nebraska on
Q: Nebraska Revised Statute 43-293.

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

Julie Fowler
Julie Fowler
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

1 Answer | Asked in Estate Planning and Probate for Nebraska on
Q: i bought a new house . its all paid n free n clear.. my question is i havent made a change in my will yet .

my will has my previous property listed..

what happens if i die and havent listed this house in my will

Nina Whitehurst
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answered on Nov 26, 2019

The new house would pass according to the residuary clause in your will.

1 Answer | Asked in Probate for Nebraska on
Q: I was informed when my father passed 2 plus years ago that me and my 2 siblings were to get part of his Inheritance

My aunt is the executor of my grandfathers will. My father never created a will before passing and was married to his 3rd wife out of Texas at the time of his death. He was to gain an inheritance from his father divided by 4 Of his siblings. Everyone has received their inheritance, including the... View More

Julie Fowler
Julie Fowler
answered on Jun 18, 2018

You could start by contacting the clerk of the probate court of where your father deceased to see if there is a probate court case number under his name and date of death.

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