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Nebraska Questions & Answers
1 Answer | Asked in Real Estate Law for Nebraska on
Q: Must spouse sign title docs during refi of rental property if current title in one name only?

Seeing conflicting information and don't see a definitive. From initial refi attempts, this seems to be lender specific since some want this while others don't. Prefer to avoid this as would make planned future house sale essentially impossible with title in both names as during that... View More

Julie Fowler
Julie Fowler
answered on Feb 17, 2021

Are you asking if the lender will require both spouses to sign for a refinance when the rental property is in one party's name? It depends on whether the new mortgage will be in both parties' names or not. Even if the property and mortgage is in one party's name, the lender may... View More

2 Answers | Asked in Family Law for Nebraska on
Q: CPS is trying to get a hold of me and I'm not sure why do I need to return their phone calls
Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Feb 9, 2021

If you are concerned that you may be accused of something, you can request a lawyer reach out to them for you or be present when you are interviewed. If you are a parent being investigated, be aware that they may go to school or elsewhere to interview your children. You may wish to visit... View More

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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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1 Answer | Asked in Family Law for Nebraska on
Q: my stepdaughter is 17 does she have to go to her moms if she has a job her mom lives 45 miles away

the parenting plan was made when she was 7 yrs old, and states that her mom is to get her every tuesday and thursday but 6 years ago she moved 45 miles away and does not get her on those day's but does take her every other weekend and her holiday's. Her being 17 she has a job

and... View More

Julie Fowler
Julie Fowler
answered on Feb 9, 2021

Unless you reach an agreement with the other party, you are required to follow the court order. If a teenage child has only two weeks in the summer with an out-of-town parent, it would be common for the teenager to take off work for those two weeks to visit their other parent. If that... View More

1 Answer | Asked in Child Custody for Nebraska on
Q: How and when can I go about challenging jurisdiction in custody case?

I believe the court did not have subject matter jurisdiction when making an initial temporary custody decision. My ex did not live in Arizona for 5 months. Never visited. Never went back until the day before he filed the petition for custody. So doesn't that mean it would not have had subject... View More

Julie Fowler
Julie Fowler
answered on Jan 25, 2021

In Nebraska, if there isn't already a custody order in place, then you generally need to file the custody action in whatever state the child has been residing the last 6 months. This state where the child has been residing at least the last 6 months is generally referred to as the "home... View More

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Can DHHS revoke my custody based only on the filing of modification of custody alone before any judge signs or trial?

I was convicted of two misdemeanors and am currently a part of a voluntary, non court case with DHHS. They have implemented a family safety plan signed by all parties that my ex husband is not adhering to so I’m not seeing my kids. I was promised unsupervised visits by my DHHS caseworker but now... View More

Julie Fowler
Julie Fowler
answered on Feb 9, 2021

You may have rights under the Indian Child Welfare Act. If the safety plan through CPS isn't working or isn't being enforced, then you likely need to pursue a custody action and request a hearing date before the judge. You should retain counsel to assist you or will be at a strong... View More

1 Answer | Asked in Family Law for Nebraska on
Q: Original date of court order met, child support extended without notice due to age 19 law. Child lived on own, NCS want

Me to pay back child support from time of 18 to 19. Child has been living on their own and has been paying mom even when living for the three months of 18 and never reported the move. I was grandfathered in to new law and never knew I was still responsible for child support. I've sent money to... View More

Julie Fowler
Julie Fowler
answered on Jan 25, 2021

It isn't clear from your question if this is a Nebraska case. In Nebraska, child support is generally ordered until the child turns 19 years old. It is possible to file a motion to credit if you paid child support directly instead of paying through the Child Support Payment Center. It would... View More

1 Answer | Asked in Business Formation and Business Law for Nebraska on
Q: Can I use the word muggle in my company name? I’m selling chocolates
Julie Fowler
Julie Fowler
answered on Jan 25, 2021

If you hope to benefit off of the potential intellectual property of another, you may be opening the door to legal action. Whereas using the name "Southwest" when referring to a chocolate company might not give you an issue, referring to a new airline and using the term... View More

1 Answer | Asked in Real Estate Law for Nebraska on
Q: If the executor of the will refuses to provide it and keeps all the estate proceeds, what can be done legally?

I am trying to help my parents. My uncle lived next door to my grandparents and when they passed, as the executor of the will/estate, he refused to show the will or give any of the proceeds of the estate to the other family members. My parents didn't pursue him legally (my mom was afraid of... View More

James Polack
James Polack
answered on Jan 8, 2021

There's not enough information here to provide an exact answer. What can be done depends on what assets would pass under the grandparent's Wills, how long ago they died, the values of the real estate and the personal property, and other factors as well.

The first thing your...
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1 Answer | Asked in Divorce and Child Custody for Nebraska on
Q: My wife moved in with her boyfriend and now refuses talk to me about my daughter. I instead have to ask her boyfriend

Is that legal first of all. Second my ex wife knows our daughter better than anyone so that is why I would prefer to talk with her. This is not about my ex wife it’s about my daughter. I only find out about my daughters life by asking her questions which she doesn’t really like to answer. Just... View More

Julie Fowler
Julie Fowler
answered on Jan 7, 2021

It isn't clear from your question if the mother of your child is your wife or your ex wife. If she is your ex wife, I assume there is a divorce decree in place that sets forth each parent's parenting time and possibly even a communication protocol. If there is and the mother is not... View More

2 Answers | Asked in Child Support for Nebraska on
Q: Stepson is enlisting in the Navy & we pay child support. In the state of NE will the child support end when he enlists
Julie Fowler
Julie Fowler
answered on Jan 6, 2021

Child support generally (but not always) terminates when a child begins service in the military. You may want to check the wording of your order. Some orders specifically state child support ends when military service is entered. Depending on the terms of the order, you may need to file a motion... View More

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1 Answer | Asked in Real Estate Law, Agricultural Law, Construction Law and Land Use & Zoning for Nebraska on
Q: My brother and I each want to put a house on 74 acres in NE, but the county doesn't allow more than one home per qtr.

But, there is a special condition that if we are ranchers and own all the land, a 2nd home can be built, so we can "get around" the problem of not being able to build two homes, by not separating the 74 acres into 2 parcels (so we both own the ground), so no real problem so far. But, I... View More

Julie Fowler
Julie Fowler
answered on Jan 6, 2021

Your question is too specific for a general posting board like this. You will want to consult a real estate attorney experienced with farm land issues to see what exceptions might apply in your specific situation.

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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2 Answers | Asked in Family Law and Child Custody for Nebraska on
Q: In NE, is the mother awarded temporary custody after spliting from the Childs father if they weren't married?

My best friend has a 3 year old and was never married to her father. The are no longer together but have not went to court for custody. Does she automatically get temporary custody of the child until the go in front of a judge?

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Jan 5, 2021

Yes. Absent anything to the contrary, natural mom of a child born out of wedlock is considered custodial parent by Nebraska law, but there are a number of factors that may change this, such as whether paternity was established by acknowledgment of the father, whether the parents are residing... View More

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1 Answer | Asked in Criminal Law for Nebraska on
Q: Are there any lawyers in Nebraska that will accept bond money as payment?
Julie Fowler
Julie Fowler
answered on Jan 6, 2021

Yes. May do. It is not uncommon for a defendant to "assign" the bond money to their criminal defense attorney as part of the fee agreement for services.

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: My grandson has lived with us for a year..Hes 11. His mother is unfit. What can I do to get legal custody of him?

His father pays child support none of which we see.She uses it as her income. His father has had nothing to do with him in years. My daughter has 3 other children but only 2 of them live with her. Can I get legal custody of him? Every time she gets mad she threatens to take him Away.My grandson... View More

Julie Fowler
Julie Fowler
answered on Jan 4, 2021

If a non-parent wants custody of child that has been living with them, the most common process to obtain custody is to file for a guardianship action to ask for custody of the child. You generally need to show that the parents are unfit in order for the Court to award you custody if a biological... View More

1 Answer | Asked in Employment Discrimination for Nebraska on
Q: Can a company require use of a corporate vehicle if there is not always one available for all employees?

When hired the agreement was use of personal vehicle and a fee per delivery. After obtaining corporate vehicles they’re requiring use (when available). Meaning who drives them is a matter of scheduling making this policy seem potentially discriminatory

Julie Fowler
Julie Fowler
answered on Jan 4, 2021

Generally a company can have a policy that prohibits employees from using a personal vehicle for work-related activities and requiring to use a corporate vehicle. If there is actual discrimination in the work place, you may want to report such to the Nebraska Equal Opportunity Commission. There... View More

1 Answer | Asked in Uncategorized for Nebraska on
Q: She had Legal guardianship
Julie Fowler
Julie Fowler
answered on Jan 4, 2021

Not sure what your question is.

1 Answer | Asked in Child Custody for Nebraska on
Q: How do I get paper to file To terminate guardianship To where I could at least get it into court
Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Dec 28, 2020

For a minor child, you can use the Supreme Court form here:

https://supremecourt.nebraska.gov/sites/default/files/CC-16-3-2.pdf

You will have to give notice to the appropriate parties, etc.

1 Answer | Asked in Child Custody and Child Support for Nebraska on
Q: Can somebody that has guardianship keep you from your child if you pay child support
Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Dec 28, 2020

Child Support and Parenting Time are two separate issues. Not paying support doesn't prevent you from visiting and paying support doesn't guarantee a right to visit. Alot depends on whether the guardianship is full or partial. A guardian simply steps into the shoes of a parent and has the... View More

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