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Nebraska Questions & Answers
1 Answer | Asked in Insurance Bad Faith for Nebraska on
Q: I purchased a vehicle from a dealer didn’t know it is total loss! I had to do carfax in order to find it
John Michael Frick
John Michael Frick
answered on Mar 11, 2023

Obtaining a CarFax or similar report before purchasing a used car has become so common now, it is virtually expected.

When your mechanic did your pre-purchase inspection, did he report anything wrong with it affecting its operation?

1 Answer | Asked in Small Claims for Nebraska on
Q: Got an air compressor on Facebook but didn't have money to pay the guy loaded them anyways said pay him later

Got them home and researched them found out its not worth anything and there is no way I can use it contacted the seller and said I can't use it I'm just going to bring it back he refuses to let me bring it back to him and says he is going to get the law involved if I don't pay him... View More

Julie Fowler
Julie Fowler
answered on Mar 2, 2023

Unlike many businesses that allow free returns, you generally don't have the right to return an item you purchased from a private seller, absent fraud, etc. by the seller. If you have an agreement to pay for something you received, the Court will generally hold you to pay for it, even if you... View More

1 Answer | Asked in Constitutional Law and Civil Litigation for Nebraska on
Q: Can a munipality legally engage in a civil lawsuit against a church ?

The city attorney for the city of north platte has pursued a lawsuit against a church to the point of obtaining a court order to demolish the church owned building due to surface damage to the church done by vandals removing siding and poking holes in the material under the siding. The church... View More

James L. Arrasmith
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answered on Mar 2, 2023

It is possible for a municipality to engage in a civil lawsuit against a church, just as it is possible for any entity to engage in a civil lawsuit against another entity. However, whether the municipality's actions are legal and appropriate would depend on the specific facts and circumstances... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Nebraska on
Q: can I use "kidz Kinect" for a church children's worship program or is that trademark infringement ?
James L. Arrasmith
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answered on Feb 25, 2023

It is possible that "Kidz Kinect" could be a trademark that is owned by someone else for a similar or related product or service. To determine if using "Kidz Kinect" would be trademark infringement, you would need to conduct a trademark search to see if the name is already... View More

1 Answer | Asked in Family Law and Child Support for Nebraska on
Q: When a child turns of legal age, can they seek retroactive child support, even though no paternity has been established?

When a child turns of legal age in Nebraska, can they themselves seek retroactive child support from their non-custodial parent (even though no parternity has not been established, but know who the non-custodial parent is, and resided out of state)?

Julie Fowler
Julie Fowler
answered on Feb 16, 2023

Child support is owed to the person who supports the child during the child's minority, not technically to the child. I have never seen the Court allow a person to bring an action for child support if paternity and child support weren't established while the child was a minor. The... View More

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Native American Law for Nebraska on
Q: I want to know what I can do when it comes to a state worker that's suppose to help with a case and not doing her job

A state worker who don't do her job right and don't communicate with her client when it comes to her children. Not helping to point client the right direction in life to do better for the children.

James L. Arrasmith
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answered on Mar 16, 2023

If you are experiencing issues with a state worker who is not performing their job duties as required, there are several steps you can take:

Contact the worker's supervisor: The first step you can take is to reach out to the worker's supervisor to report the issues you are having....
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1 Answer | Asked in Car Accidents for Nebraska on
Q: If accelarater stuck causing a crash and it was a malfunction of the car that caused the crash am I still at fault
Julie Fowler
Julie Fowler
answered on Feb 16, 2023

These types of questions of negligence are very fact-specific. You could get into issues of maintenance, etc. in addition to default of the product itself. Even if the driver is found to be at fault and ordered to pay, the driver may then have a cause of action against the manufacturer to recoup... View More

1 Answer | Asked in Legal Malpractice for Nebraska on
Q: My house was searched as a random they said as a bond condition they could randomly search.Without warrent wasthis legal
Julie Fowler
Julie Fowler
answered on Feb 16, 2023

It is not uncommon for some bond terms to legally allow searches that would otherwise be unlawful. You would need to speak with your criminal defense attorney to determine if the search in your particular situation was lawful or not.

2 Answers | Asked in Social Security for Nebraska on
Q: I am currently a stay at home mother who home schools her children. I have several health problems. Can I get disability

Our family could use income in this economy. But I now have many health problems. Do I qualify because I'm not working?

Julie Fowler
Julie Fowler
answered on Feb 16, 2023

You need to contact an attorney that focuses on social security disability claims. Whether or not you qualify for these benefits is a fact-specific analysis. You will likely also need to gather medical documentation to show that you are not able to work due to your health issues in order to... View More

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1 Answer | Asked in Business Law and Collections for Nebraska on
Q: My old dentist just now sent be a bill from 2016. After I asked for months for the bill. Do I have to pay?

They have recently retired. And are now asking for my payment. 5 years is a little silly

Joel Gary Selik
Joel Gary Selik
answered on Feb 1, 2023

Check the statute of limitations for contracts in your state, if it is past that time you do not have to pay. If it is within the time limitations, you may have a defense called laches.

1 Answer | Asked in Tax Law and Business Law for Nebraska on
Q: As a 100% shareholder in an S Corp in Nebraska I recieved a state tax lien notice. Is my personal property at risk?

Business was greatly affected by Covid and a chapter 7 filing by a customer. As a creditor the business, lost a significant amount of revenue. The tax lien notice does list the EIN for the S Corp, but only my name, is personally listed on the document. I need to know if any personal property,... View More

Julie Fowler
Julie Fowler
answered on Feb 16, 2023

Yes, it is possible to be personally liable, but it depends on the specific facts of your case. One method is through "piercing the corporate veil." The tax collector is generally an aggressive creditor. You should seek counsel.

1 Answer | Asked in Agricultural Law and Gov & Administrative Law for Nebraska on
Q: What do I do?

I have farm plates currently ony pickup and that is how it has been since I've gotten it. I haven't moved or nothing. I have chickens and move livestock very frequently but county keeps using the excuse that I need to own farm land in able to get farm plates

Julie Fowler
Julie Fowler
answered on Feb 16, 2023

Using the vehicle for moving livestock isn't the only qualification for having farm plates. Farm plates are available to other than just the owner of farm land. You will need to review the criteria for farm plates and see if you qualify. The rules have been modified over the years so it is... View More

1 Answer | Asked in Family Law, Child Custody, Education Law and Military Law for Nebraska on
Q: Under what circumstances might a person still be under the legal custody of their parents at 18 years old?
Julie Fowler
Julie Fowler
answered on Jan 26, 2023

If you live in Nebraska, the age of majority is 19 years old. Thus, an 18 year in Nebraska is generally still in the legal custody of their parents. One exception to this would be if the 18 year old is legally emancipated by court order.

1 Answer | Asked in Immigration Law for Nebraska on
Q: My girlfriend is her on a work visa, I am a U.S. citizen. Can we get married while she is here working.
Stephen Arnold Black
Stephen Arnold Black
answered on Jan 26, 2023

Yes. An immigrant who entered the US lawfully can adjust status to get a green card after marriage to a US Citizen.

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 Child Custody and Family Law for Nebraska on
Q: How does a court hearing go for a child that was removed from my home due to something I said to CPS in an email?

I've asked the state to step in and help me multiple times last year to try and get my mentally ill child in a facility cause I'm frustrated with trying to deal with her psychological behaviors so last week was the last straw and I emailed the hotline and told them if they don't help... View More

Julie Fowler
Julie Fowler
answered on Feb 16, 2023

The Nebraska Supreme Court has put together a number of pamphlets that help explain the juvenile court system process. It includes what the first hearing will likely be like.

https://supremecourt.nebraska.gov/programs-services/court-improvement-project/information-youth-families

1 Answer | Asked in Tax Law for Nebraska on
Q: Is there a minimum amount of years you have to own a home before you sell so you don't have to pay taxes on the profit?

Specifically, I've only one it for 1 year now and if I sell will I have to pay un-needed taxes? I am wanting to sell the property and then use those profits for the downpayment on my new house.

Julie Fowler
Julie Fowler
answered on Feb 16, 2023

This is more of a tax question. You would need to talk to a CPA or tax professional about your specific situation. The IRS has a publication to help you to determine if you are subject to federal taxes for the sale of real property. You may also be subject to state or local taxes as well. As... View More

1 Answer | Asked in Car Accidents for Nebraska on
Q: Will I get paid for the damaged someone else caused in a car accident?

I haven’t had car insurance for a couple days due to a check being on hold and not paying on them. The only reason my car was out was to get formula. A girl was distracted and claimed she was crying and rear ended me and sent me into another car damaging the front and back of mine. Since I’m... View More

Tim Akpinar
Tim Akpinar
answered on Feb 2, 2023

A local attorney could advise best, but your question remains open for two weeks. A local attorney must advise here, but in many states, only limited economic damages are recoverable if uninsured. However, each state has its own rules. Try to arrange a free initial consultation with a local... View More

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Agricultural Law for Nebraska on
Q: Does a court go off the last Will made?

.

Kelly Henry Turner
Kelly Henry Turner
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.

1 Answer | Asked in Estate Planning and Real Estate Law for Nebraska on
Q: If my sister and I inherited a house from our parents, and my sister dies, so I now own all of the house?

The house is in both of our names.

Kelly Henry Turner
Kelly Henry Turner
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...
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