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Nebraska Questions & Answers
1 Answer | 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.

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 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... Read 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.

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... Read 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... Read more »

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... Read 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 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 Communications Law and Products Liability for Nebraska on
Q: is it illegal to remove an old telecommunications device from your dwelling

if yes what is the law

Julie Fowler
Julie Fowler answered on Oct 14, 2020

Generally a party can remove property from their own property. Do you own the property or are you renting? Do you own the device or is it owned by a provider, such as DirecTv or another provider? Do you have a contract with such provider that has requirements as to what you are to do when you... Read more »

1 Answer | Asked in Uncategorized for Nebraska on
Q: I want to save my house for my daughter as I have incurable cancer
Julie Fowler
Julie Fowler answered on Oct 14, 2020

I am sorry to hear. You should speak with an estate planning attorney to plan the best way to do this, as well as to have a health care power of attorney and property power of attorney prepared for you.

1 Answer | Asked in Family Law and Social Security for Nebraska on
Q: Where can I find the money my father left me when he died? I'm 18 and was told it had to be claimed before I tuned 18
Julie Fowler
Julie Fowler answered on Oct 14, 2020

How to track this down depends on what what type of funds you believe were left to you. For example, life insurance proceeds are transferred in a different manner than cash in a bank account. If you believe there may be social security dependent benefits owed to you, you may want to go to your... Read more »

1 Answer | Asked in Child Support for Nebraska on
Q: Child support is being followed by a Texas decree. But, we live in NE. NE is 19, Texas is 18. Which do I follow now?

I need to know what to do if I divorced and am paying child support in TX as directed by my divorce decree. But, we all live in NE now. TX says 18 for child support, and NE says 19. We have been following the TX divorce decree that has never been changed since we all moved to NE. When my child... Read more »

Julie Fowler
Julie Fowler answered on Oct 14, 2020

Generally the age of majority for child support doesn't automatically change from the original order even if the parties move to a new state. Thus, child support can still terminate at 18 years old even if the child is living in Nebraska if the original order was entered in a state where... Read more »

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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2 Answers | Asked in Criminal Law and Domestic Violence for Nebraska on
Q: I’m in Omaha Neb If I paid the full retainer fee for an attorney for a friend can I fire the attorney?

Or can only the client fire the attorney? Actually, I’m wanting the partial amount back due to the friend not living up to the conditions of the loan, not necessarily because of the attorney

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Oct 14, 2020

Only the client can fire the attorney and give direction to the attorney on how to represent the client. Further, from your statement here, it sounds like the attorney is performing or performed his or her duties but perhaps the client/your friend is not helping his or her own case...It would be... Read more »

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1 Answer | Asked in Copyright and Intellectual Property for Nebraska on
Q: If I make a podcast where I review books and highlight their essential details, am I committing infringement?

I plan to give credit to the author and don’t plan on quoting the book directly. I’m just wondering if I’m crossing a line between doing a “book review” and committing infringement

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Oct 13, 2020

What's described sounds like "Fair Use" under Section 107 of the Copyright Act; e.g., criticism, comment, news reporting, teaching, scholarship, and research are forms of freedom of expression and are likely fair use.

Of course, "fair use" is simply a defense to a...
Read more »

2 Answers | Asked in Child Support for Nebraska on
Q: My daughter gets Medicaid for my granddaughter and she and her boyfriend were ordered to child support court.

The judge established he should pay $350+ per month (in Nebraska). Will my daughter see any of that money or does the state take it all? Also, the amount seems very high for someone making only 11 bucks an hour. They said the judge set it according to what his "earning potential" is. Can... Read more »

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Oct 13, 2020

Yes, your daughter receives the child support directly. Earning potential means income was imputed at the level he could be reasonably expected to earn. (A parent cannot voluntarily quit a job or work for less money to avoid supporting their child/ren). If the parties reside together in the future,... Read more »

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1 Answer | Asked in Divorce for Nebraska on
Q: Which complaint for dissolution of marriage should be used when youngest child is 18 and attends college out of state?
Julie Fowler
Julie Fowler answered on Oct 7, 2020

If you are referring to the forms available on the Nebraska Supreme Court's website, I would recommend hiring an attorney to draft a Complaint to fit your specific situation. Those forms are serviceable in some situations but not most. That being said, if you are going to use those forms... Read more »

1 Answer | Asked in Criminal Law for Nebraska on
Q: Is it a good idea to fight the warrant or not?

Discovery shows the exact info used to enter my husbands residents in Dec 2019 (we had been seperated over a yr) which had nothing to do with me. Boyfriends past record, & surveillance conducted at neighbors 4-5 blocks away, & a guy who claims to have purchased drugs from me the night he... Read more »

J. Heath Dillon
J. Heath Dillon answered on Oct 5, 2020

Whether you have a sound basis to suppress or keep out of evidence the contraband they found after entering your living space is a matter that should be discussed with a criminal defense attorney retained or appointed by the Court. If you don't already have an attorney, either pay for and... Read more »

1 Answer | Asked in Child Custody for Nebraska on
Q: If the mother of my child signs a poa for my daughter can they leave state with out my permission?

She had filed a complaint of custody and I filed one back against hers and this was before she signed a poa. She also signed a poa cuz she is incarcerated

Julie Fowler
Julie Fowler answered on Sep 30, 2020

If there is a custody order in place or a custody case pending, then a parent generally needs to get court permission to move the child out of state. If there is a custody case pending and one parent wants to ask the Court to prevent an imminent move out of a state, a party can ask for an order... Read more »

1 Answer | Asked in Criminal Law, Gov & Administrative Law, Civil Litigation and Civil Rights for Nebraska on
Q: Do i have rights to leave a treatment program and choose one that is best for me if i was not court orders

Im on probation and my out patient counsoler recommended me for intensive Outpatient Treatment because I missed a few classes I also missed one of those so she then in turn contacted my probate probation officer and told her that I need intensive outpatient treatment she's and made me go to a... Read more »

Julie Fowler
Julie Fowler answered on Sep 27, 2020

If there is another treatment program that is a better fit and the person has been accepted into that program, then it is possible to transition a person from one program to the other. The person would want to coordinate with the probation officer to make sure they are also aware of the transfer... Read more »

1 Answer | Asked in Criminal Law for Nebraska on
Q: I have a question about the plea deal in regards to my case. Is it okay for me to call the district Court and ask them

I can't get ahold of my PD, and haven't been able to for several days. I would like to call the district Court and ask for more info about the plea deal, but I'm not sure if this would harm my case in any way. (Ex. Could this get back to the county attorney somehow)

Julie Fowler
Julie Fowler answered on Sep 27, 2020

If you have an attorney, the attorney on the other side can't talk to you. Thus, if you have a public defender the prosecutor won't be able to talk to you.

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: Ready to leave 17 year relationship with father of 12 year old daughter. Just want to be a step ahead how do i do this

Our relationship has been bumpy i have no major issues. Besides maybe a slight case of mental abuse. We got past that basically just feel were at a dead end and dont want to leave anything up to chance when it comes to my daughter. I dont wish to keep her drom her dad couldnt if i tried. But cant... Read more »

Julie Fowler
Julie Fowler answered on Sep 27, 2020

If the parents are generally on the same page as to what the parenting time should look like when they separate, then mediation can be a really good tool to come up with a parenting plan. The parenting plan could then be incorporated into a custody order. This way, the parties both have something... Read more »

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