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Nebraska Questions & Answers
1 Answer | Asked in Real Estate Law for Nebraska on
Q: I am going to buy a house in Nebraska. Owner will carry me. Do I have ti pay interest if we agree to 0%

If we agree ti 250 k over 14 yrs. 0% interest. Now some lawyer is saying we have to be charged interest? Is this correct

Julie Fowler
Julie Fowler
answered on Apr 4, 2024

It is almost unheard of for a person to not pay interest on a mortgage. While I'm not aware of any law that requires a person to charge interest, you may run into unintended consequences if you don't. For example, tax repercussions, gift tax repercussions, estate issues, etc. depending... View More

1 Answer | Asked in Criminal Law and Family Law for Nebraska on
Q: How does one prove sobriety in a courtroom when sweat drug patches are showing positive for drugs that one is not using

Every other weekly test is showing positive results for drugs I am not using. I do not understand the “cut off levels” in the results. My understanding is that this said level is very “low”….could someone please elaborate on these levels and possibly explain how much is supposedly still... View More

Julie Fowler
Julie Fowler
answered on Mar 24, 2024

The manufactures of these products often have details as to how their patch works, in detail, on their website. This includes regarding some of the science behind it. You can also read cases that challenged the use of some of these products. For one example, including cases, see:... View More

1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: I was divorced in 2021 & son is 18 & lives on his own. My ex continues to harrass me. Can I block him on my phone?

I know my son is covered under the custody/parenting plan until he turns 19. My ex has my email - does he have to have access to me via phone? Neither of our kids will speak to him (emotional abuse situation). But now he's harassing me about things that have no bearing as to the kids. I... View More

Julie Fowler
Julie Fowler
answered on Mar 20, 2024

Maybe. It depends on what your order states and somewhat on the history of the case. If your order allows it, then you can probably block him on your phone and let him know that you are only communicating via e-mail at this time. If he isn't asking about questions relating to the child,... View More

1 Answer | Asked in Real Estate Law and Probate for Nebraska on
Q: Do I have to hire a lawyer if my father passed away and he owns a house and I'm the only child
Anthony M. Avery
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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.

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: Can I be reqired to pay additional month rent (at a raised amount) if landlord didn't receive 60 day written notice?

I informed property management company of move out in January of 2024 via phone call. In March, new property management company took over. I received 2nd notice of lease renewal and called new property management company to find out move out procedure. I was just notified that they will be... View More

James L. Arrasmith
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answered on Mar 30, 2024

It's crucial to understand that many rental agreements and landlord-tenant laws require move-out notices to be given in writing to be legally valid. Even if you verbally informed the original property management company of your intention to move out, if the lease agreement specifies that... View More

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Do I have any legal right to my grand children if something happens to my son when he has brain surgery?

I have been with my grandchildren since birth, their moms live in Az, one mom is strung out on drugs with no contact with her daughter, and the other mother contacts her daughter and gets her stuff. but neither one of these mothers have not physically visited their daughter for 4 yrs now. I just... View More

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Mar 14, 2024

Your son should consider a Temporary Delegation of Parental Powers during his recovery AND a will that names a person of his choice as testamentary guardian for the children. If the worst happens and he passes during or after surgery, the person named as guardian would at least have a chance at... View More

1 Answer | Asked in Business Law, Civil Litigation, Immigration Law and International Law for Nebraska on
Q: I have a business registered in America, is there a way I could bring my girlfriend through that?

Trying to bring a foreigner through a registered American business

James L. Arrasmith
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answered on Mar 11, 2024

If you have a business registered in the United States, you may be able to sponsor your girlfriend for a work visa, depending on the nature of your business and her qualifications. Here are a few potential options:

1. H-1B visa: If your girlfriend has a bachelor's degree or equivalent...
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1 Answer | Asked in Estate Planning, Family Law and Elder Law for Nebraska on
Q: How can I find out if a person has a power of attorney?

My grandmother is in the beginning stages of dementia and she doesn’t know if she has a will or if she has power of attorney and she doesn’t know where any of her legal documents are at.

Anthony M. Avery
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answered on Mar 8, 2024

If she wants you to be her attorney in fact, then get a NE attorney to draft a Durable POA for her to execute. She can even record the POA saying it revokes any other prior POAs out there. But you will be a fiduciary for her best interests, not your own.

1 Answer | Asked in Contracts and Family Law for Nebraska on
Q: I am a guardian doing DS-11 and I don't know how to fill parental information

Both parents are dead

Julie Fowler
Julie Fowler
answered on Mar 14, 2024

If you are the legal guardian and need help applying for the child's passport, you can call the number of the State Department's website to see if they can help you with your question regarding the form. You may need to be prepared to be placed on hold for a long time, but you should be... View More

1 Answer | Asked in Traffic Tickets for Nebraska on
Q: NE. Got a notice of susp. in mail for failure to comply with traffic citation. Can I be ticketed without knowing it?

Is it possible for me to receive a ticket without knowing it? I just received a notice of suspension says in the mail and it says I received a citation on 11/22/23, but this is the first that I've heard of it?! I just went back through and checked all of my mail receipts and I have never... View More

Julie Fowler
Julie Fowler
answered on Mar 14, 2024

You can look up online to see if your license is suspended in Nebraska:

https://www.nebraska.gov/dmv/reinstatements/client.cgi

If your license does show as suspended and you still don't know why, go to the DMV and ask.

If your license isn't truly suspended, it is...
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1 Answer | Asked in Family Law for Nebraska on
Q: What to do about Non custodial parent not complying with parenting plan which is causing child to have behavior problems
Julie Fowler
Julie Fowler
answered on Feb 19, 2024

Filing a show cause/contempt action may be the way to go. This action is used to ask the Court to enforce the Order and to sanction the other party for not following the Court order. Whether this is the way to go or not depends on the specifics of your situation. Depending on what the issue is,... View More

1 Answer | Asked in Criminal Law and Wrongful Death for Nebraska on
Q: Person kills two people runs from scene. Goes in next day wearing same clothes ran in. Why is the person not arrested?

Shouldn't that person be arrested just for leaving?

Julie Fowler
Julie Fowler
answered on Feb 19, 2024

If you believe you have information that may be helpful to law enforcement for an open investigation, you can contact that agency's non-emergency line. A detective will contact you back if they are seeking the information you have to share.

Why law enforcement acted or didn't...
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1 Answer | Asked in Civil Litigation for Nebraska on
Q: I purchased a truck from a private owner that we both signed a bill of sale. He still has not sent the title.

He still had a loan on the truck and said he’d pay it off with the money I gave him and send the title in the mail. It’s been 30 days and still nothing I haven’t been able to reach him the past week.

Julie Fowler
Julie Fowler
answered on Feb 19, 2024

If you had a contract regarding purchase of a vehicle and the other party is not fulfilling their part, you may need to bring a breach of contract action against the other party if unable to resolve on your own. If the dollar amount is low enough, you could bring the action in Small Claims Court.... View More

1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: Getting divorced in Nebraska. she has terminal cancer. She's still on my health insurance. Proceed with divorce?

Do I spend money to file? I assume if I we don't proceed I'd be responsible for unpaid medical.

Julie Fowler
Julie Fowler
answered on Feb 14, 2024

Yes, you are potentially responsible for your spouse's medical debt in Nebraska, especially if you are the guarantor of the party's health insurance. In Nebraska, a divorce is a process that includes a 60 day mandatory waiting period before you can finalize the divorce, even if both... View More

1 Answer | Asked in Contracts and Real Estate Law for Nebraska on
Q: 3 years ago my father in law bought my husband and I a house we agreed to pay it back over 3 years

Fast forward 3 years we paid it off with him and he is refusing to give us the deed and hold up his side of the deal. He is trying to change our deal and kick us out. What can we do?

Julie Fowler
Julie Fowler
answered on Feb 14, 2024

Under contract law, most of the time the Court can enforce a contract even if the terms are not written down (oral contract). There are exceptions to this. Sometimes when the Court finds that there is an enforceable oral contract it is still up to the Court to determine what exactly the terms are... View More

1 Answer | Asked in Contracts and Real Estate Law for Nebraska on
Q: 3 years ago my father in law bought my husband and I a house we agreed to pay it back over 3 years

Fast forward 3 years we paid it off with him on time and he is refusing to give us the deed and hold up his side of the deal he is trying to kick us out and take our house. What can we do?

James L. Arrasmith
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answered on Feb 23, 2024

In your situation, it's important to gather all documentation related to the agreement you had with your father-in-law, including any written contracts, receipts of payments made, and correspondence discussing the terms of repayment and transfer of the deed. This evidence will be crucial in... View More

2 Answers | Asked in Child Support, Tax Law and Family Law for Nebraska on
Q: if my spouse has back child support but does not have income for 2023 do i have to file injured spoues on joint return
Julie Fowler
Julie Fowler
answered on Feb 14, 2024

You would need to speak with your tax professional for advice specific to your situation. In general, any refund from a joint tax return is generally subject to tax intercept for back child support owed by either spouse. However, if you file the injured spouse form you can generally prevent the... View More

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1 Answer | Asked in Copyright, Business Law, Intellectual Property and Trademark for Nebraska on
Q: Is it illegal for me to use Hidden Valley's Ranch seasoning to flavor my snack pretzels that I sell out of my home?

I use the Hidden Valley Dill Ranch seasoning to flavor my snack pretzels. I then package the pretzels under my brand and sell them at farmer's markets across my state, Nebraska. Is this illegal? Is using the Hidden Valley seasoning to flavor my pretzels that I resell under my brand illegal?

James L. Arrasmith
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answered on Feb 21, 2024

Using Hidden Valley's Ranch seasoning to flavor your snack pretzels and then reselling them under your brand could potentially raise legal concerns regarding trademark infringement or unauthorized use of the seasoning. While you may have purchased the seasoning legally, repackaging and... View More

1 Answer | Asked in Employment Law and Civil Rights for Nebraska on
Q: Can an employer fire someone for giving a coworker a professional reference at another company?

I'm trying to leave my current job for a new one and in order to start the hiring process I need three professional references from my current job. Plenty of people have offered including the supervisors since my coworkers like me, I have a high work assessment score and am going on two years... View More

James L. Arrasmith
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answered on Feb 24, 2024

While it may seem unfair or restrictive, it is generally legal for an employer to have policies prohibiting employees from providing professional references to coworkers seeking employment elsewhere. Such policies are often implemented to protect the interests of the company and maintain... View More

1 Answer | Asked in Consumer Law, Contracts and Landlord - Tenant for Nebraska on
Q: Who is responsible for this utility bill?

had utilities in my name for a rental property my daughter was living in for 2 years. Her lease ended last may and she has since moved. When she moved i called utility companys and had things switched out of my name. My issue is that the city bill (water, sewer, garbage etc) had apparently not been... View More

James L. Arrasmith
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answered on Feb 23, 2024

In this situation, it's important to review the terms of the lease agreement between your daughter and the landlord regarding utility payments. Typically, lease agreements outline who is responsible for utility bills during the tenancy period. If the lease specifies that the tenant (your... View More

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