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Nebraska Questions & Answers
1 Answer | Asked in Consumer Law and Contracts for Nebraska on
Q: We bought a used camping trailer and were told everything worked in OCT. 2022. When we got it home it sat till middle

of April. Ref. don"t work on electricity, parts gone from it couldn't have worked at their sales. Says 30 warranty over. They won't help us, what can we do now? The parts that are missing no way it could have worked for them.

Julie Fowler
Julie Fowler
answered on May 9, 2023

If you have a purchase agreement or other contract, you would need to review the terms of your agreement. Unless there is a fraud or another bad act, the Court will generally hold both parties to the terms of the written agreement so reviewing the contract is generally one of the first places to... View More

1 Answer | Asked in Car Accidents for Nebraska on
Q: I was involved in a hit and run accident on a parked car with no injury in Nebraska. Will i have to go to jail or pay?
Julie Fowler
Julie Fowler
answered on May 9, 2023

Depending on the specific charge, there generally isn't mandatory jail time for a hit and run conviction. Generally a party is held liable for the damages to pay either through their insurance or as part of restitution. A common sentencing may also include a fine and/or license revocation,... View More

1 Answer | Asked in Estate Planning for Nebraska on
Q: My Dad passed away on 01/03/2021, myself and my 3 sisters got an inheritance check each for around $19,000….

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

Julie Fowler
Julie Fowler
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

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: What is the proper motion to file to ask for immediate return to home in a CPS involved case?

The kids are in an unsafe home & rather than admitting they did something wrong, CPS is digging their heel in & doubling down by ignoring obvious safety issues and hiding or just not showing the judge reports made against this home by neutral parties. What is the proper motion to file to... View More

Julie Fowler
Julie Fowler
answered on Apr 28, 2023

There isn't a specific motion for this. What you file depends on the specific facts of the case, what specific evidence you have, and where you are at in the process. Sometimes the better course of action is to first share your evidence with CPS and the guardian ad litem to investigate... View More

1 Answer | Asked in Consumer Law and Construction Law for Nebraska on
Q: Contractor replaced siding and gutters on my home as agreed. When I returned home, I found my screen porch gone

Contractor explained workers were at the wrong house. It was a mistake. I’ve given four months of opportunity for them to replace the porch as it was and they stayed there done but the porch is not as it was due. I have to pay them.

Julie Fowler
Julie Fowler
answered on Apr 28, 2023

You would likely need to at least pay them for whatever work they did accomplish minus whatever reasonable damages still remain from what they did when they accidentally removed the porch. You would need to speak with an attorney about the specifics of your case to see if that is your best course... View More

1 Answer | Asked in Small Claims for Nebraska on
Q: Is 100$ worth going to small claims court over (Omaha, NE)

I had a friend borrow just about 100$ from me through CashApp. I just found out that she has no intention of paying me back. Cashapp couldn't recover the money. Is this worth it? I do have records of the transactions but I do not have records of the conversations. They were on snapchat though... View More

Julie Fowler
Julie Fowler
answered on Apr 28, 2023

If it was a gift, the person doesn't have to pay you back. If it was a loan, you can bring an action to ask the Court to force the other party to pay you back pursuant to the terms of your loan agreement, even if it was an oral argument. You can review your evidence to see if you have enough... View More

2 Answers | Asked in Bankruptcy for Nebraska on
Q: Chapter 7 bankruptcy in inherited

I became disabled. I need to file chapter 7 bankruptcy. I am about to receive inherited money in new few months. The problem is i owed more than I will receive. don’t know what to do. can someone help

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 19, 2023

As you may know, there is a provision in the Bankruptcy Code that would include assets you receive by inheritance within six months of your inheritance. In other words, kiss your inheritance goodbye.

You don't include any real facts, like, amouts of debt or probable amount of...
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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
PREMIUM
Anthony M. Avery pro label 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

2 Answers | Asked in Family Law and Child Custody for Nebraska on
Q: My wife has taken our children out of state (from NE to AZ). Is there anything I can legally do to stop her?
Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Apr 17, 2023

Yes. If you file for dissolution and an ex parte motion for temporary custody, your spouse is very likely to be ordered to return the children to Nebraska as all 50 states have enacted some version of the UCCJEA. If you do nothing and six months passes, then the new state would likely be considered... View More

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1 Answer | Asked in Personal Injury for Nebraska on
Q: In December I slipped on ice on my current apartments main pathway to the mailbox. The area was not taken care of

I'm a disabled veteran and need help. I was informed after I fell about the possibility of ice being forecasted. I went to get my mail at the mailboxes and I slipped on the ice on the front steps. I landed directly on the corner of the step to the small of my back. I have video evidence from... View More

Tim Akpinar
Tim Akpinar
answered on Apr 18, 2023

A Nebraska attorney could advise best, but your question remains open for a week. I'm sorry about your accident and injuries. Thank you for your service. It sounds like you've already reached out to law firms. I can't say anything about the reason for the difficulty in finding... View More

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: We are trying to find a pro bono lawyer in Lincoln. How do we look for one? Thanks for your help!!

My daughter is trying to find a pro bono lawyer in Lincoln or at least one that would be able to work with her financial situation. The father of the girls has moved out of State and is very unstable. She is worried that if she does not receive Full Custody and he happens to come back to Lincoln,... View More

Julie Fowler
Julie Fowler
answered on Apr 12, 2023

If you file a custody action, the Court will set forth who has custody and what each parent's parenting time will be. This could include specifics as to whether the father gets to take the children out of state or not and how much time he has with the children.

There are a number of...
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1 Answer | Asked in Employment Law for Nebraska on
Q: Can I ride my newly bought bike before getting my permit and test

If I do get picked up will I be just getting a charge

Julie Fowler
Julie Fowler
answered on Apr 12, 2023

You need to have a Class M (motorcycle license) in order to operate a motorcycle on public roadways. If you drive without a valid license, you can be charged for it.

2 Answers | Asked in Child Custody and Family Law for Nebraska on
Q: how do i change custody

i need more explanation through the process and how to change custody

parent has no custody because of drug past and has changed and gotten better but she is still being held against for that reason

John Michael Frick
John Michael Frick
answered on Apr 4, 2023

With a past record of drug use, it is important to hire an experienced family law attorney in or near the county where the court is located. From experience with the judge, they can best guide you as to what to expect in a suit seeking to regain custody.

It is important you know in advance...
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1 Answer | Asked in Car Accidents and Personal Injury for Nebraska on
Q: I sold my truck. The buyer has not transferred the title. Am I liable if he has an accident? What is my protection?

The buyer is my (idiot) son. I believe he is driving without insurance also. I know he has not transferred the title and registered in his name since I got the notification for an unpaid parking violation.

Tim Akpinar
Tim Akpinar
answered on Apr 23, 2023

A Nebraska attorney could advise best, but your question remains open for four weeks. Your best protection is prompt registration and insuring of vehicle in the new owner's name (it may have already been done at this point). The problem is that in an accident lawsuit in most jurisdictions, the... View More

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Is a 16 year old able to speak on their own behalf at a custody modification hearing in Colorado ?

The last hearing was when the child was 10

Julie Fowler
Julie Fowler
answered on Mar 28, 2023

I can't comment on how Colorado does things but in Nebraska, a child that is of suitable age and experience may be allowed to testify at trial. Generally 16 years old is old enough but it depends on the specific child and specifics of the case. Most cases settle without a trial so generally... View More

1 Answer | Asked in White Collar Crime and Criminal Law for Nebraska on
Q: I have a consoling merchandise charge that I didn't qualify for diversion for that has turned into a warrant. Below $100

I also have a shoplifting & trespassing charge below $50. I believe I had nervous break down. What can I do to change these to anything not associated with theft so that I can secure employment

Julie Fowler
Julie Fowler
answered on Mar 28, 2023

You would need to retain a criminal defense attorney or public defender to assist you. You may be able to have your charges reduced or dismissed. It may make sense to take the case to trial and have the prosecutor prove their case or the charges dismissed. Alternatively, if it doesn't make... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for Nebraska on
Q: how do i answer a complaint to modify custody
Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Mar 20, 2023

That depends. You may not believe anything needs to change and you can file a General Denial type Answer to require the moving party to prove their allegations. Or you may also want to allege a different set of material and substantial circumstances that have changed and request a different... View More

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1 Answer | Asked in Education Law for Nebraska on
Q: How do I fight truancy court in Nebraska with depression and anxiety? Fighting with school for drop forms to get ged.

Haven’t sent her to school for entire 3rd quarter. Tried to transfer scold was never told the school had 45 days to make a decision. School district is playing lots of games and not giving documentation to keep process going and now have a court date where they are threatening to remove her from... View More

Julie Fowler
Julie Fowler
answered on Mar 20, 2023

You need to speak with an attorney right away or you may lose custody of your child. If the child is not going to your local school, the child still needs to be in some type of schooling. Options include an alternative school, private school, or homeschooling. A younger child not attending any... View More

1 Answer | Asked in Traffic Tickets for Nebraska on
Q: If I don’t dispute my ticket, do I have you pay anything else?

My boyfriend got a speeding ticket of $75 dollars. He wished to not dispute it because we live in the next town over. He paid it online (have receipt) and recently received a notice of needing to pay $50 in random other “fees”. One even adds on to the said ticket. Called the county office and... View More

Julie Fowler
Julie Fowler
answered on Mar 20, 2023

Generally you can be required to pay some type of processing fee or court cost fee. This can include towards a court filing fee or as simple as the transaction costs if a credit card is used. You would need to speak with an attorney about the specifics of your case to see if this general rule... View More

1 Answer | Asked in Municipal Law for Nebraska on
Q: Is it illegal to park a car facing the opposite direction on a residential street in Lincoln NE

I could not find anything saying that it's illegal or against the law

Julie Fowler
Julie Fowler
answered on Mar 20, 2023

The driver's license manual in Nebraska includes this requirement. You would have to look at the regulations and statutes to see if the requirement is from the regulations or statutes if you couldn't find it in your city's local ordinances.... View More

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