Lawyers, Answer Questions  & Get Points Log In
Nebraska Questions & Answers
1 Answer | Asked in Civil Litigation and Collections for Nebraska on
Q: I owe $7000 for damage in an auto accident. Told the collection agency I can pay $100 per month. All I can afford.

As long as I am giving them something, they gave to accept it. Is this correct?

James Polack
James Polack answered on Jan 9, 2020

Under Nebraska law the insurer or their collection agency can sue you for the $7,000. If they get a judgment they can typically garnish 25 percent of your wages if you are not head of household, 15 percent if you are head of household, and they can garnish 100 percent of your bank account unless... Read more »

1 Answer | Asked in Criminal Law, Business Law, Civil Litigation and Civil Rights for Nebraska on
Q: I am a white man from Omaha, who was recently threatened to be killed with a machete or corn knife by a black man.

He lunged at me and started to swing the machete in a menacing manner while saying “I’m going to kill you.” If I understand the NEBRASKA laws correctly this is the crime of a terroristic threat and additionally, very likely a hate crime. What procedure should I follow in regards to this incident?

Julie Fowler
Julie Fowler answered on Jan 6, 2020

Terrorist threats is a crime. You can call the non-emergency law enforcement phone number and request to make a report. It would then be up to the county attorney whether to file criminal charges based on that report or not.

If you are in fear that this person may come after you, can may...
Read more »

1 Answer | Asked in Family Law and Juvenile Law for Nebraska on
Q: In nebraska can victims take a minors name and the parents and blast them over social media
Julie Fowler
Julie Fowler answered on Jan 6, 2020

Not sure what you mean by "blast." It is illegal to libel or slander another person. On the other hand, it isn't generally illegal for a person to tell facts of a current event (i.e. the news reports a person was picked up on suspicion of drunk driving). Thus, depending on what was posted, it... Read more »

1 Answer | Asked in Child Custody for Nebraska on
Q: What is needed for parents to sign custody of their child to an aunt in Nebraska? What would the process be?

The child is living with the aunt and attending school where the aunt lives.

Julie Fowler
Julie Fowler answered on Jan 2, 2020

There is a form called a temporary delegation of parental powers form on the Nebraska Supreme Court's website that parents can use to grant some limited powers to another caregiver for a limited period of time. It can be revoked by the parents at any time and it can last only up to 6 months. For... Read more »

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 since the legal... Read more »

1 Answer | Asked in Child Custody for Nebraska on
Q: My son's dad is in prison for drug related charges. How can I get full custody?

There is history of abuse, towards me, but with the child in the room. I am not trying to terminate his rights, just would like full custody as I fear what may happen when he gets out. I don't know where to begin and I don't have a lot of money to spend on a lawyer.

Julie Fowler
Julie Fowler answered on Dec 30, 2019

If you want a custody order, you should file a custody action. If the other parent is incarcerated, there may not be much to fight about and the action will likely be fairly straightforward. Thus, the attorney fees will likely be very affordable. If you are of limited means, you may want to try... Read more »

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: For the last 9 years, I've had primary custody of my 3 children. Now my ex is suing for sole custody.

8 months ago I told my family I had a problem abusing pain meds. I asked my ex to take our kids for a week while I worked on myself. He then filed a temporary order giving him full custody. I have never been in trouble with the law, my kids are happy, healthy. I was prescribed these for many... Read more »

Julie Fowler
Julie Fowler answered on Dec 30, 2019

The Court will look at the specific factors of the case when deciding custody. The Court will look at these when deciding which parent to give custody or potentially joint custody. You will want to retain an attorney to present you.

1 Answer | Asked in Juvenile Law for Nebraska on
Q: I want my public defender to appeal juvenile case, refuses. Wants me to sign something to withdraw as my lawyer.

Nebraska juvenile 3a case. Children are without proper support through no fault of the parents and in a situation dangerous...risk of harm. My public defender has missed every single opportunity to challenge in this case. The risk of harm is a sibling who I removed a week before the petition was... Read more »

Julie Fowler
Julie Fowler answered on Dec 18, 2019

Sometimes if you fire your public defender, then you either have to hire an attorney or proceed without counsel. You have a right to a public defender, but not to choose which public defender. If you plan to hire your own counsel, then the public defender would withdraw and your private attorney... Read more »

1 Answer | Asked in Adoption and Family Law for Nebraska on
Q: Complaint For paternity within 4 years after the child is born. Does this apply to father who didn’t know about child?

Mother is trying to get child adopted by her current husband. Would the four year rule still apply if the father is not aware that a child was born.

Julie Fowler
Julie Fowler answered on Dec 18, 2019

The four year statute of limitations does not have an exception for a father not knowing about the child. That being said, there are a number of ways to successfully get around the four year statute of limitations depending on your circumstances. The most common is to request the State to file an... Read more »

1 Answer | Asked in Family Law for Nebraska on
Q: If someone has temporary guardianship of a child can the parent get the child back at any time?

My daughter signed temp guardian papers. She was having some issues at the time. Now she's better and wants her baby back. But the guardian won't allow her to take her now. Can the parent just go get the baby?

Julie Fowler
Julie Fowler answered on Dec 18, 2019

I'm not sure what you mean by temporary guardian papers.

If the parent signed a temporary delegation of parental powers form, this is only good up to 6 months and the parent can rescind these powers in writing at any time. Once such is rescinded, then the other person has no legal...
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 idea... 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 Child Support for Nebraska on
Q: Where can I go sigh off on child support
Julie Fowler
Julie Fowler answered on Dec 16, 2019

If you are wanting to ask the court to terminate the child support order, there are some forms available on the Nebraska Supreme Court website that may or may not fit your situation.

If you are wanting to provide a receipt for child support, some of the county courthouses have a form. For...
Read more »

1 Answer | Asked in Health Care Law for Nebraska on
Q: I had back surgery Nov. 30, 2018. My insurance company denied a portion of the fees stating it was experimental.

I was preapproved for the surgery, but surgeon used different technique and device than what was preapproved. Do I have grounds to fight this charge ($8,956)?

Julie Fowler
Julie Fowler answered on Dec 9, 2019

There is often an administrative appeal procedure that you can make to your insurance company when a claim that you thought would be pre-approved and covered was denied. The hospital or facility also wants to get paid so they may be willing to assist with this appeal. Sometimes a good place to... Read more »

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: If my apartment requires me to move out temporarily due to construction, can they force me to pay rent?

My apartment complex is rebuilding all the external 2nd and 3rd floor walkways. My building is the first. The management provided a 10 day notice. Tenets will not be allowed access to their apartments for 11 days. The apartment complex is providing 2 star hotel rooms and a 200 dollar stipend. We... Read more »

Julie Fowler
Julie Fowler answered on Dec 9, 2019

Depending on the terms of the lease, a tenant may be able to end the lease if the apartment becomes uninhabitable for a period of time. If improvements need to be made that require a tenant to be temporarily out of their apartment and the tenant does not want to end the lease, reasonable... Read more »

1 Answer | Asked in Workers' Compensation for Nebraska on
Q: If I dont agree to settle my WC case, how is my attorney compensated. They work on contingency? Is there an accounting?

I have been declared total permanently disabled. And recieve a weekly payment.

Julie Fowler
Julie Fowler answered on Dec 9, 2019

In a contingent fee case, the attorney is generally paid either from the settlement or from the award at trial. If the matter goes to trial and no compensation is awarded, then the attorney would not be paid attorney fees, although the client might still be responsible for some court costs (expert... Read more »

1 Answer | Asked in Appeals / Appellate Law and Child Custody for Nebraska on
Q: Looking for Plan C, as I am going to try Plan B Monday. Hot mess of a no fault abuse/neglect case that should not be.

Dec 31=1 yr case. Lots of details, very little action by public defender-1st issue. Online finding statutes/cases trying to educate myself. 2nd-2 cases all hearings same day same time. Literally didn't even realize 2nd case for 5/6 months.

Older son-behaviors applied for several... Read more »

Julie Fowler
Julie Fowler answered on Dec 9, 2019

Sometimes when a parent has done everything they can but a child is still not safe in their home, the Court will find the person guilty of no fault neglect so that the child can receive services. This is especially common when one child needs to be placed outside of the home as the siblings aren't... Read more »

1 Answer | Asked in Civil Litigation for Nebraska on
Q: is title 42 enacted in the law
Julie Fowler
Julie Fowler answered on Dec 9, 2019

There is a title 42 of the US Code that is part of federal law. There are likely also states and local laws under the title of "Title 42".

1 Answer | Asked in Child Custody for Nebraska on
Q: NE Juvenile Court Can an affidavit removing a child be used in both child's case and parent's case?

Law enforcement (investigating officer) requests court to Order Temp. Custody of Juvenile who though his own acts is putting himself and siblings at risk of harm.

Are there any court rules/Ne statutes preventing the County Attorney from filing petitions against the Juvenile for his acts... Read more »

Julie Fowler
Julie Fowler answered on Dec 9, 2019

It is possible for one affidavit to be used as evidence in multiple court matters.

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 Land Use & Zoning and Landlord - Tenant for Nebraska on
Q: If the tenant of a large property allows hunting and gets paid to do so, is that considered subletting?
Julie Fowler
Julie Fowler answered on Nov 25, 2019

Allowing a person to profit off land is usually not the same legal term as a sublet. For example, a legal "profit" off the land could be allowing someone to remove timber, minerals, or wild game off the land. It is more like an easement than a sublet.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.