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Nebraska Questions & Answers
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 Family Law and Child Support for Nebraska on
Q: can a closed South Dakota child support case be reopened in South Dakota when neither parents no longer reside in the st

The custodial parent closed the case in May 2017, left the state of SD at that time with no notification to the court of the relocation. The non-custodial parent was incarcerated at the time the order was initiated 2016 and was not released until 2017 and immediately paroled to Omaha, NE.... Read more »

Julie Fowler
Julie Fowler answered on Feb 24, 2020

If it is a South Dakota case, the person inquiring needs to speak with an attorney licensed in South Dakota. If this was a Nebraska case, the party would likely be able to reopen enforcement of unpaid judgment established by a court order for child support.

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: Can a landlord legally change the locks without an eviction notice? Can a landlord legally keep my belongings?
Julie Fowler
Julie Fowler answered on Feb 24, 2020

Legal Aid's Landlord Tenant Handbook may be a good place to start looking for info on this topic:

https://www.legalaidofnebraska.org/wp-content/uploads/2019/05/Landlord-and-Tenant-handbook-2017.pdf

1 Answer | Asked in Criminal Law for Nebraska on
Q: Faceing charges 28-1206 1D and 28-416 class 4 what kind of punishment will I get? Prison time and any outcome
Julie Fowler
Julie Fowler answered on Feb 24, 2020

A class ID felony has a mandatory minimum of three years and maximum of 50 years imprisonment. Depending on the facts of the case, the charges could be reduced or dismissed. If you have a criminal case pending, you need to speak with your criminal defense attorney or public defender for advice at... Read more »

1 Answer | Asked in Criminal Law for Nebraska on
Q: Is there another way to serve 1D felony prison sentence other than prison
Julie Fowler
Julie Fowler answered on Feb 24, 2020

Class ID felonies include a 3 year mandatory minimum prison sentence.

1 Answer | Asked in Personal Injury for Nebraska on
Q: In A Application to proceed in forma pauperis, Is social security benefits exempted from funds to be used in considering

the Motion?

Julie Fowler
Julie Fowler answered on Feb 24, 2020

No. Some people receive significant Social Security retirement or disability benefits that may be enough alone to not qualify as indigent depending on the overall facts of the case.

1 Answer | Asked in Personal Injury, Social Security and Civil Rights for Nebraska on
Q: In a applicaton to proceed in forma pauperis is funds received from social security exempt from used in reaching the dec

from reaching the decision in the Motion

Julie Fowler
Julie Fowler answered on Feb 24, 2020

No. Some people receive significant Social Security retirement or disability benefits that may be enough alone to not qualify as indigent depending on the overall facts of the case.

1 Answer | Asked in Criminal Law for Nebraska on
Q: My handgun was found during a raid. It wasnt used in any crimes. prosecutor wont release my gun. How do i get it back.

gun wasnt used for any crimes but the prosecutor wont answer phone calls, emails or requests from evidence techs to release the gun to me.

Julie Fowler
Julie Fowler answered on Feb 24, 2020

If a handgun was used in the commission of a crime, it will generally be destroyed. If a hand gun is part of evidence, it can be returned by court order after the case has resolved. Like other evidence, it will generally be held until that time.

The Nebraska statutes state: Firearms...
Read more »

1 Answer | Asked in Criminal Law for Nebraska on
Q: What would a judge say if we were to go to court

My daughter of 15 has ran away 3 different times she doesn’t show up to school. She was also found with marijuana

Julie Fowler
Julie Fowler answered on Feb 24, 2020

It depends on the judge, the type of case, and overall facts. If a child is struggling, it may be time to get experts involved to help assist. This could include the school counselor, Boys Town, or many other potential services.

1 Answer | Asked in Criminal Law for Nebraska on
Q: What criminal charges can be filed if a 19 year old goes to a party gets drunk and kills self and they dump his body
Julie Fowler
Julie Fowler answered on Feb 24, 2020

If you or someone you know were involved in a death that the police are investigating, you need to contact a criminal defense attorney asap. You would not want to post details on a public forum like this.

1 Answer | Asked in Wrongful Death and Criminal Law for Nebraska on
Q: In Nebraska if a person age 19 gets drunk at a party and accidentally shoots himself with a gun of an adult at party no

One calls 911 instead they dump his body what can they be charged with they provided gun and alcohol

Julie Fowler
Julie Fowler answered on Feb 24, 2020

What you are describing is an extremely serious matter. If you or someone you know were involved in a death that the police are investigating, you need to contact a criminal defense attorney asap. You would not want to post details on a public forum like this.

1 Answer | Asked in Criminal Law for Nebraska on
Q: A 19 year old at a party gets drunk and shoots himself with someone at party’s gun they dump his body burn their clothe

Scene what can they be charged with everyone was under 21 but one person the 21 year old brought the gun

Julie Fowler
Julie Fowler answered on Feb 24, 2020

If you or someone you know were involved in a death that the police are investigating, you need to contact a criminal defense attorney asap. You would not want to post details on a public forum like this.

2 Answers | Asked in Child Support for Nebraska on
Q: I already have a child support order set. Does it need to be redone once we file for divorce?

We have child support set. But the divorce papers are asking us to refill out all that information

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Feb 24, 2020

If you already have a child support case through the courts that case needs to be listed/identified in the divorce filings so the Court is aware of it. It generally makes the most sense for clarity and future modification needs to have both custody/parenting time and child support ordered under the... Read more »

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2 Answers | Asked in Tax Law for Nebraska on
Q: I have a court ordered judgment against me from my divorce. Can I use this amount in my Offer to Compromise
Linda Simmons Campbell
Linda Simmons Campbell answered on Feb 23, 2020

Court ordered payments are allowed. Having said that the IRS will look at any income that will become available after an expense is paid off within the statute of limitations. Unless you have a very simple financial picture, you would be better off hiring someone to help you submit the Offer. I... Read more »

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1 Answer | Asked in Child Custody for Nebraska on
Q: I have full custody of my child who is 6, the other parent can only see with court supervision and has not tried in 4 yr

I want to file papers incase something happens to me the child will not go with other parent who has not seen her, divorce was also by default due to domestic case against other parent and him being in jail, do I need a lawyer to file this or is it something I can go pick up and fill out?

Julie Fowler
Julie Fowler answered on Feb 11, 2020

There are a number of ways to help protect a child when there is only one parent in the child's life. One is by having complete estate planning documents, including provisions as to what you would request in case you would die before the child becomes an adult. There are also options such as a... Read more »

1 Answer | Asked in Consumer Law for Nebraska on
Q: I want to file a claim through PayPal but if I lose can I still sue or will it hurt my case? Should I sue first?

I hired a coder to do some work for me, I paid a lot of money for it. We did the payment through PayPal with a terms of service set up. In those TOS it did state if the project wasn't done by the given amount of time I am entitled to a refund. The coder has ghosted me and I've trier reaching out... Read more »

Julie Fowler
Julie Fowler answered on Feb 11, 2020

Your question is too specific to be able to give an answer on a general message board like this. The best strategy for a case depends on the overall circumstances of the case.

1 Answer | Asked in Bankruptcy for Nebraska on
Q: Elderly mom forgetting to pay bills. Should she file bankruptcy.
Julie Fowler
Julie Fowler answered on Feb 11, 2020

Bankruptcy is generally for an inability to pay the overall debt, not so much a matter of being unable to keep track of paying bills on time. If a party is having difficulties managing their finances and keeping track of their bills, there are a lot of options. Sometimes a family member or... Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for Nebraska on
Q: Seeking a custody change

My ex and I have two children with 50/50 custody arrangements. This is to include sharing costs for all school, daycare, and medical costs, ect. He is also ordered to pay $156 a month in child support. Since our divorce was finalized, he hasnt paid any additonal costs and stopped paying child... Read more »

Julie Fowler
Julie Fowler answered on Feb 11, 2020

A party needs specific court permission to move the children out of state. Generally, but depending on the wording of the current order, a party doesn't need court permission to move the children within state. That being said, if the move would effect the parenting time or exchanges, it is likely... Read more »

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2 Answers | Asked in Products Liability and Securities Law for Nebraska on
Q: How do we get started inventing something!?

If I wanted to invent something how do I start

Tim Akpinar
Tim Akpinar answered on Feb 11, 2020

A patent attorney could advise you, but they would have better chances of seeing your question under the heading Patents (Intellectual Property). Product Liability involves injuries from defective products. You could try reposting in the Patents category. Good luck

Tim Akpinar

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1 Answer | Asked in Bankruptcy for Nebraska on
Q: Elderly mom forgetting to pay bills. Should she file bankruptcy
Timothy Denison
Timothy Denison answered on Feb 9, 2020

Depends on many factors, largely her financial situation. You may want to consult a bankruptcy attorney, although I would consider a Power iof Attorney or disability guardianship as well.

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