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2 Answers | Asked in Bankruptcy for Nebraska on
Q: My ex husband filed chapter 7 bankruptcy. What happens to our mutual debt with both of our names on it?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Nov 16, 2020

His obligation to repay that debt is/will be discharged. Your joint obligation to repay will not be discharged, so you're still on the hook for the whole debt.

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1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: My landlord is trying to force me to sign a very sketchy rental agreement. She also enters my home without notice.

Who do I turn to when landlord is making many many threats to raise rent if she has to hire anyone to fix her property if I won’t be her personal handyman. she comes into the property without notice often, says if i don’t sign her non legal agreement she will kick us out.

Julie Fowler
Julie Fowler
answered on Nov 22, 2020

A good resource to start with is the Landlord-Tenant Handbook created by Legal Aid of Nebraska.

https://www.legalaidofnebraska.org/wp-content/uploads/2019/05/Landlord-and-Tenant-handbook-2017.pdf

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: My landlord is trying to force me to sign a very sketchy rental agreement. She also enters my home without notice.
Julie Fowler
Julie Fowler
answered on Nov 22, 2020

A good place to start with is the Landlord-Tenant Handbook by Legal Aid.

https://www.legalaidofnebraska.org/wp-content/uploads/2019/05/Landlord-and-Tenant-handbook-2017.pdf

1 Answer | Asked in Medical Malpractice for Nebraska on
Q: I have been in the ER twice for the same issue. Sent home. 3rd time became medical emergency. Medical negligence?

I was told the issue would resolve on it's own. Diagnostic tools used were not the best for the issue.

Julie Fowler
Julie Fowler
answered on Nov 22, 2020

Medical malpractice cases generally examine whether the medical practitioners met the standard of care or not. Even if they did not, you would still have to have some type of quantifiable damages due to not meeting the standard of care to make it make sense to file a court action. If you have... View More

1 Answer | Asked in Family Law for Nebraska on
Q: My child’s father has known about child since day one but refused to be in their life. Can they come back after 4 years?

They knew about the child from day one but didn’t want to step up! Now after 4 years they decided they are ready to be in said child’s life! No child support or Paternity test was done. Could they have any rights to said child?

Julie Fowler
Julie Fowler
answered on Nov 22, 2020

The statute of limitations to establish paternity is 4 years old for a private party but 18 years old for the State. Once the state brings a paternity action, then the father can ask for custody and parenting time. Thus, there are many cases where a father is granted parenting time (and sometimes... View More

1 Answer | Asked in Child Custody for Nebraska on
Q: How can I file online for emergency temporary custody of my daughter in nebraska?

Basically the father has pretrial on November 2nd and has pending charges for failure to register and I want to file for emergency temporary custody of my daughter

Julie Fowler
Julie Fowler
answered on Nov 22, 2020

As far as I know, there are no forms for this. You would need to file a custody or modification action and then file the motion for emergency custody within the action. You would either need to do quite a bit of research to determine how to draft this on your own or retain an attorney to assist... View More

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Nebraska on
Q: Can custody be removed from a parent if parent signed temporary guardianship to someone else?

I signed legal temporary guardianship to my mother of my son. The state of Nebraska remove custody from me and placed it with the state even though there was a temporary guardianship in place with someone else after time? Is that legal?

Julie Fowler
Julie Fowler
answered on Oct 27, 2020

If the State has grounds to remove a child, the State generally gets a say in the placement of the child. This is true even if a parent signs a temporary delegation to someone else in the same time period. If there is an actual court order of guardianship, then this is different. Then generally... View More

1 Answer | Asked in Business Law for Nebraska on
Q: I want to sell private martial art lessons taught by me in my backyard, is there anything legal I have to do for this?

I want to sell a 30 minute class for 10$

Julie Fowler
Julie Fowler
answered on Oct 27, 2020

Your question is very vague. There is probably a lot of things that you need to do to follow the legal requirements. This could include whether operating your business violates any local zoning ordinances against running a business in a residential area. This could include setting up a legal... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Nebraska on
Q: A female friend was arrested on a DV assault-3rd degree misdemeanor. She actually had a warrant but turned herself in

To avoid her possibly staying overnight to see the judge the next day regarding bond, I emptied my savings account to post the $5k bond. It created a bit of a hardship on my end. She has an attorney now. Even though we have already posted the bond and had her released, can we still ask the court... View More

Julie Fowler
Julie Fowler
answered on Oct 27, 2020

I have never seen the Court lower bond money after it has already been posted. You can generally assign the bond money to an attorney to help cover attorney fees.

1 Answer | Asked in Child Custody and Child Support for Nebraska on
Q: Full/Sole Custody-Can partner get it for their child from previous relationship with a misdemeanor on record?

We have children together plus partner's child from a previous relationship. the child portrays the mother as only caring to appear to be a good mother but in reality pays no interest. The mother has lied about situations in order to take said child out of school in which said child told us... View More

Julie Fowler
Julie Fowler
answered on Oct 27, 2020

In order to have grounds for a change in custody, you generally need to show that there has been a material change in circumstances and that the change is in the minor child's best interests. If custody is changed from the custodial parent to the non-custodial parent, then the non-custodial... View More

1 Answer | Asked in Family Law for Nebraska on
Q: I live in Nebraska, my daughter which will be 17 in January does not want to go visit her mother, does she have to go?
Julie Fowler
Julie Fowler
answered on Oct 27, 2020

If there is a court order granting a parent specific parenting time, then the Court generally expects that the parties will follow the court order. Whether a parent will be found in contempt for violating this order when an older teenager does not want to follow the court order depends on a lot of... View More

2 Answers | Asked in Real Estate Law for Nebraska on
Q: My elderly mom wants to transfer her paid in full home in NE to me, what is needed?

Her husband has recently passed and may have to place her in a care facility

James Polack
James Polack
answered on Oct 22, 2020

Your mother should consult an elder planning attorney first.

Transferring her home may result in disqualification for Medicaid or have other unforeseen results.

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1 Answer | Asked in Traffic Tickets for Nebraska on
Q: Can police ticket me for driving if they made contact while I was walking and didn’t have car keys on me
Julie Fowler
Julie Fowler
answered on Oct 27, 2020

Can they ticket you? Yes. Will you be successful in having the charge dismissed? Maybe. Retain a criminal defense attorney to assist you.

1 Answer | Asked in Traffic Tickets for Nebraska on
Q: Can I get a ticket for driving if they made contact while I was walking and didn’t have car keys
Julie Fowler
Julie Fowler
answered on Oct 27, 2020

Yes, but you may have grounds to have the charge dismissed. Retain a criminal defense attorney.

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 Family Law for Nebraska on
Q: The mother of my 1 year old baby will not let me see or spend time with him for no reason at all so what can I do?

My son was living with me for 2 months because she couldn't keep him because she had court ordered inpatient rehab and when she got released I let her take him to spend time with him and we agreed she would have him for 1 week and I'd have him for a week and we were supposed to keep doing... View More

Julie Fowler
Julie Fowler
answered on Oct 19, 2020

If the parents can't agree on what the custody and/or parenting time with the child should be, then a parent may need to file a custody action. Within the custody action, the Court can enter a temporary order stating forth each parent's time with the child. If one parent claims the... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Nebraska on
Q: can i get fired for giving my work a weeks notice i won’t be able to come in on a certain date?

i gave them a weeks notice and told them i need it covered.

Rhiannon Herbert
Rhiannon Herbert
answered on Oct 20, 2020

In at-will employment states, employees can be fired for any reason or no reason at all, as long as the reason isn't discriminatory (i.e. based on your race, sex, age, religion, disability). While your situation seems unfair, your employer's actions are not unlawful.

1 Answer | Asked in Child Custody for Nebraska on
Q: can an 18 year old file for motion of custody of his child in nebraska

i am 18 my ex girlfried is 16 i want to file for custody of my daughter whom is 2 months old due to my ex still living at home with her mother whom has for the 3rd time in 5 years pending child abuse/neglect charges

Julie Fowler
Julie Fowler
answered on Oct 19, 2020

Yes, a parent that is a minor can file for custody of their child. Generally, if the biological parents are minors, then the parents are listed as parties and filing as the next of friend of the biological parent.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Nebraska on
Q: If I gave gaurdianship during a state case and the state closed the case before termination of gaurdian. How do I?

I picked up a felony drug charge last August and were convicted in late February this year. I also note that the juvenile court case originated, in part, on drug use. I also see a warrant in 2020 to search electronic devices for pornography possibly related to my daughters. I will tell you that... View More

Julie Fowler
Julie Fowler
answered on Oct 19, 2020

You shouldn't post such specific info on a general posting board like this. You should take your question down and contact an attorney that practices in Scotts Bluff County regularly.

2 Answers | Asked in Social Security for Nebraska on
Q: my power of attorney has taking money and spent that on themselves while I was incarnation
Kenneth Prigmore
Kenneth Prigmore
answered on Oct 14, 2020

Your state should have an office of Adult Protection Services. Call the local police and ask for the phone number. Adult protection services will investigate your situation.

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