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Nebraska Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Nebraska on
Q: My dad was married for 30 plus years he passed 6 yrs ago his wife was place in nursing home not long after her daughter

Sold their home 2 months ago mother's care was not dependent upon sale am I entitled to anything ?

James L. Arrasmith
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answered on Nov 12, 2023

In Nebraska, whether you are entitled to anything from the sale of your late father's home depends on several factors, including how the property was owned, your father's will (if he had one), and state inheritance laws. If the home was owned jointly by your father and his wife, it likely... View More

1 Answer | Asked in Family Law, Estate Planning and Probate for Nebraska on
Q: My father passed 6 yr ago married for 30 plus yrs she has been placed in a nursing home house was sold and her children

Took the money from it her care has been taken care of financially before selling the house. Am I entitled to anything

James L. Arrasmith
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answered on Nov 12, 2023

When a married person dies in Nebraska, the surviving spouse is typically entitled to an elective share of the estate (either 1/3 or 1/2 depending on if there are children). This applies even if the deceased spouse left a will giving everything to other beneficiaries.

The proceeds from the...
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1 Answer | Asked in Employment Discrimination and Employment Law for Nebraska on
Q: Is there a way to request documents and report from my employer on why I was terminated

I know it's a higher it will state and I know the main reason of why they terminated me, but they act very weird and quiet about it and I find it odd and I want to know more?

Julie Fowler
Julie Fowler
answered on Nov 19, 2023

If you have enough grounds to bring a cause of action against the employer for the termination, then part of your court case could include asking for records, deposing witnesses, etc. for more information as to the termination.

If you were an at-will employee and it is just curiousity, then...
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1 Answer | Asked in Family Law, Civil Litigation and Civil Rights for Nebraska on
Q: Is there a way to get money I put into a joint account back?

My bank and mom said I wasn’t allowed to have the money I put into that account back.

T. Augustus Claus
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answered on Nov 9, 2023

joint account holders have an equal interest in the funds in the account, regardless of who deposited the money. This means that you have a right to withdraw your money from the account, even if your mom doesn't want you to.

2 Answers | Asked in Animal / Dog Law and Car Accidents for Nebraska on
Q: If you fled the scene on hitting a dog that was at large as that animal cruelty

My dog was at large and I know I am responsible for damages to the vehicle but the lady accidentally hit my dog killed him and fled the scene I had to contact her

T. Augustus Claus
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answered on Nov 9, 2023

If the driver was aware that they had hit your dog and they fled the scene in an attempt to avoid responsibility, they could be charged with animal cruelty. However, if the driver did not realize that they had hit your dog or if they fled the scene for some other reason, they may not be charged... View More

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1 Answer | Asked in Child Support and Family Law for Nebraska on
Q: Can I get my child support interest written off I just owe interest
Julie Fowler
Julie Fowler
answered on Nov 6, 2023

You don't have a right to write off the interest owed even if only interest is due at this time. The party that it is owed to may be willing to write it off or agree to a lump sum payment to write off the rest. You would need to contact the party that it is owed to in order to request they... View More

1 Answer | Asked in Traffic Tickets for Nebraska on
Q: Is there a new car insurance grace period?

My cousin bought a car in Iowa but lives in Nebraska. Recently got pulled over and fined for not having insurance. They were was told they should’ve had it before even leaving the dealerships. It wasn’t a requirement for her to have it before leaving the dealership in Iowa, so is there no grace... View More

Julie Fowler
Julie Fowler
answered on Nov 6, 2023

Your question is currently posted in Nebraska. In Nebraska, you have to have insurance on your vehicle in order to drive it on a public road. Thus, it is the standard for a party to contact their insurance company to make sure their insurance is active before they drive the vehicle off the lot... View More

1 Answer | Asked in Family Law for Nebraska on
Q: PLEASE ANYONE WITH INFORMATION ABOUT FILING FOR A FOREIGN JUDGMENT IN THE STATE OF NEBRASKA? HOW CAN I FIND THE FORM?
Julie Fowler
Julie Fowler
answered on Oct 30, 2023

As far as I know, there isn't a form for this. This is something that you would have to draft on your own or hire an attorney to draft for you. If you are looking to register a custody order in the State of Nebraska, Nebraska Rev. Statute Section 43-1252 has some information regarding the... View More

1 Answer | Asked in Uncategorized for Nebraska on
Q: 1 gun shot to head still alive, until5 teens put in trunk,clean up scene lie about it for days ,police didnt process

scene, happened after a fight between teens,errors in police work. ruled case closed everyone free no one charged except for moving a corpse family needs help this case was shoved under a rug because police screwed up in several counties in nebraska. audio clip of court ,officer admits it was... View More

Julie Fowler
Julie Fowler
answered on Oct 30, 2023

It is ultimately up to the prosecutor whether a criminal case is filed or not. You can't file a criminal action on your own. That being said, you can possibly file a civil action for damages, such as for wrongful death. You would likely need to hire an attorney to assist you with filing such.

1 Answer | Asked in Family Law and Adoption for Nebraska on
Q: I am a legal adult, looking to have myself legally adopted by my Paternal grandparents who are deceased, can I do this?

My biological mother is alive, but psychologically abusive to me, my biological father I am aware of his whereabouts, or even who he is because she will not be honest with me about it. I am looking to have myself legally separated from her and that is what I hoped to accomplish by having myself... View More

Julie Fowler
Julie Fowler
answered on Oct 27, 2023

Nebraska does allow adult adoptions. However, I have never heard of a deceased person being able to adopt.

1 Answer | Asked in Business Law for Nebraska on
Q: Do I have to do an independent audit if appendix k funds for covid put me over the $1, 500, 000 limit?

I own an llc providing services for the developmentally disabled through dhhs in Nebraska

T. Augustus Claus
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answered on Oct 19, 2023

In Nebraska, if your LLC received more than $1,500,000 in federal funds, such as the COVID-19 relief funds mentioned in Appendix K, you may be subject to additional reporting and auditing requirements. These requirements can vary based on the specific terms and conditions of the funding you... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Nebraska on
Q: Can employers leave public feedback on their employees?
Julie Fowler
Julie Fowler
answered on Oct 27, 2023

Potentially yes, but they open the company to possible liability for libel, slander, employment law issues, etc. I can't think of a good reason it would benefit a company to do so that wouldn't be outweighed by the potential liability that could come with it.

1 Answer | Asked in Election Law for Nebraska on
Q: In Nebraska, can they keep an eviction on your record if you never received the summons to the court hearing?

I was given my 7 day notice, and started moving, but haven't been able to get everything out in time. They had the court date, but I never received anything telling me when court was, so they ruled in favor of my landlord. I was only going to go to try to keep the eviction off my record. They... View More

Julie Fowler
Julie Fowler
answered on Oct 27, 2023

If a court case was filed, it would be a matter of public record. Even if you were successful in defending against the eviction action, the case number and details would be public record.

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: My apartment manager doesn't like me cuz I complained about a neighbor that was harassing me what can I do in Nebraska

The neighbor a mean old lady has been hassing me I complained to my manager at the apartment but she said she's lived here 5 yrs and she doesn't believe me I sent her an email she did nothing then when I went to office to complain she basically said I was a liar well Friday my package was... View More

Julie Fowler
Julie Fowler
answered on Oct 27, 2023

Legal Aid of Nebraska put together a handbook to help tenants better understand their rights. Some of the info may now be out of date, but this may be a good place for you to start.

https://www.legalaidofnebraska.org/wp-content/uploads/2021/09/2021-LLT-Handbook-1.pdf

1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: Hi, I got divorce in 2009. I owed half a duplex. Ex owes other. He lives other half with a friend guy. The friend pays t

The friend pays taxes for property for rent. I thought it was in his name. Its in ex's name. do I need to be concern?

Julie Fowler
Julie Fowler
answered on Oct 10, 2023

How does the Decree state to divide the property? It would be unusual, but possible, for the parties to remain owners of the property post-Decree without a plan to separate the real estate. However, usually your divorce decree will state either that the property is sold and proceeds divided in... View More

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: Can a landlord demand my paystubs after two years when it was never required when I first moved in?
T. Augustus Claus
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answered on Oct 3, 2023

Generally, if the terms of your lease or rental agreement do not specifically require you to provide paystubs, the landlord cannot demand them after the fact. However, they might request them if you're renewing a lease or if there are concerns about your ability to pay rent. Always refer to... View More

1 Answer | Asked in Family Law for Nebraska on
Q: Regarding grandparents rights. I live in California and the grandkids are in Nebraska. Where do I start?

Do I contact an attorney in California or Nebraska? And can I do this from California.? Also is it an expensive process? I just miss my granddaughters so I need help.

Julie Fowler
Julie Fowler
answered on Oct 3, 2023

Generally the action is filed in the county where the children are residing, assuming that they live in the county that has jurisdiction over them (which is likely). You generally contact an attorney that is licensed where you want/need to file the court action. It is usually filed by filing a... View More

1 Answer | Asked in Family Law for Nebraska on
Q: Is there such a thing as grandparents rights? My daughter moved from California to Nebraska and won’t let me talk to the

Grand kids and I am very close to the oldest because I practically raised her the first 6 years. We used to face time every night then it just stopped and my daughter won’t tell me why. It’s hurting me and I’m sure my grand daughter. Can I take her to court for visitation and phone contact?

Julie Fowler
Julie Fowler
answered on Oct 3, 2023

Yes, we do have a cause of action for grandparent visitation rights in Nebraska. One factor is the strength of the relationship between the child and grandparent. Thus, you don't want to go too long without consistent contact with the grandchild or the Court may become less likely to grant... View More

2 Answers | Asked in Divorce and Family Law for Nebraska on
Q: Nebraska.Owned home got married sold home purchased new home with all the money I made on sale.New home has only my name

I am getting divorce do I have to split. I bought home during marriage but all the house was paid for with my home sale.

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Sep 30, 2023

You may be able to “trace” your premarital property into the new home you purchased to have the court separate it from the marital estate before dividing what is marital. You will need an experienced divorce lawyer to help you through that process. Best wishes!

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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Nebraska on
Q: My friends daughter was taken from Idaho to Washinton and landed in Nebraska. They have a parenting plan issued by idaho

They both have legal custodial and physical custody with the father having 4 out of 7 days giving him primary custodial care. He went to jail for domestic violence against his girlfriend and 4 accounts of misdemeanors for the children. His mom is there now and we think she is trying to get... View More

Julie Fowler
Julie Fowler
answered on Sep 22, 2023

The first question when dealing with interstate issues is usually jurisdiction. Generally, the Court that entered the original order is the Court that continues to handle the custody case until both parents have moved from that state. Thus, if the order was issued in State A and there is at least... View More

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