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Nebraska Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Nebraska on
Q: Good morning! Question about whether a decedent's Will designating a trustee is sufficient to avoid probate.

We have been told my mother's Will designating me as trustee and personal representative, is not sufficient to avoid probate. The will drawn up in Nebraska, states "...my personal representative shall have all of the powers conferred on trustees under the Nebraska Trustees Powers Act....... Read more »

Nina Whitehurst
Nina Whitehurst answered on May 25, 2020

Where there's a will, there's probate, period. Probate is how wills are administered. If you want to avoid probate, then you should create a trust-based estate plan. Trusts are administered with no court involvement unless someone sues to set aside or void or contest the trust.... Read more »

1 Answer | Asked in Divorce, Estate Planning, Family Law and Real Estate Law for Nebraska on
Q: Husband won't put my name on the deed to house. I have been paying towards the mortgage since marriage. What can I do?

Only his name is on the mortgage, he paid on the house for 6 years before we were married. House has appreciated since marriage, we have both put work into it. He makes 50k more a year than I do, but I work FT and stay home with our child 5 days a week. I pay half of all utilities/groceries/family... Read more »

Julie Fowler
Julie Fowler answered on Mar 3, 2020

Generally, even if only one spouse's name is on the deed, the court will generally consider the home as marital if purchased during the marriage. If one spouse owned the home prior to the marriage, then the Court will generally determine that part of the equity in the home is marital and part... Read more »

1 Answer | Asked in Estate Planning and Tax Law for Nebraska on
Q: can they charge you inheritance tax if you never received the inheritance?

Court papers mailed to us saying we owe taxes on an inheritance. We never received an inheritance. We were told that once my husbands dad and uncle pass away then my husband would get what is left over, however when I call the courts it says that it was tax on an amount down to the penny. I called... Read more »

David Ostrove
David Ostrove answered on Feb 25, 2020

The tax is based on the fair market value of what the beneficiary receives, even though the actual receipt may be postponed. The lawyer will need more facts to answer.

1 Answer | Asked in Estate Planning and Probate for Nebraska on
Q: Nebraska Revised Statute 43-293.

The Statute states An order terminating the parent-juvenile relationship shall divest the parent and juvenile of all legal rights, privileges, duties, and obligations with respect to each other and the parents shall have no rights of inheritance with respect to such juvenile

Does this mean... Read more »

Julie Fowler
Julie Fowler answered on Dec 30, 2019

If a parent's parental rights are terminated, it generally ends the legal relationship. Thus, the statutes of inheritance among parent-child are also generally severed. Thus, if the parent dies without a will, then the child isn't likely to inherit as a "child" of the parent... Read more »

1 Answer | Asked in Estate Planning for Nebraska on
Q: My father while in hospice created a new will the day before he died cutting me out of his estate. Can I do anything?

He had a will in September 2019 with a lawyer's assistance. Notarized etc. The executor said he would like to meet with my siblings and I to see if we can reach an agreement. I have a feeling they will not. I would like to be ready to do what I need to do to contest the final will. I have no... Read more »

Nina Whitehurst
Nina Whitehurst answered on Dec 17, 2019

You can hire a will contest attorney to challege the will on the basis of lack of capacity and possibly also undue influence. Be prepared for the attorney to counsel you that reaching a settlement with your siblings will be cheaper and and easier than a will contest.

1 Answer | Asked in Estate Planning and Probate for Nebraska on
Q: i bought a new house . its all paid n free n clear.. my question is i havent made a change in my will yet .

my will has my previous property listed..

what happens if i die and havent listed this house in my will

Nina Whitehurst
Nina Whitehurst answered on Nov 26, 2019

The new house would pass according to the residuary clause in your will.

1 Answer | Asked in Estate Planning for Nebraska on
Q: My mother passed away and I'm in charge of her estate she has back Medicaid do I have to pay back medacade
Julie Fowler
Julie Fowler answered on Jul 16, 2019

Medicaid recoupment is a powerful tool of the government to obtain funds from a deceased's estate to help pay back for the costs of Medicaid for the deceased. There is a whole subsection of estate planning that focuses on ways to prevent or minimize Medicaid recoupment. You should speak with... Read more »

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