Get free answers to your Probate legal questions from lawyers in your area.
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.
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
Sold their home 2 months ago mother's care was not dependent upon sale am I entitled to anything ?
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
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
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
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 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.
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
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... View More
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?
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
And does it get filed in probate because it's worth over $50,000 dollars
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
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
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
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... View More
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
answered on Jul 22, 2020
You will want to contact a probate attorney in the State where the estate is being probated.
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.
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.
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
my will has my previous property listed..
what happens if i die and havent listed this house in my will
answered on Nov 26, 2019
The new house would pass according to the residuary clause in your will.
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
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.
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.