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Nebraska Questions & Answers
1 Answer | Asked in Real Estate Law for Nebraska on
Q: If the executor of the will refuses to provide it and keeps all the estate proceeds, what can be done legally?

I am trying to help my parents. My uncle lived next door to my grandparents and when they passed, as the executor of the will/estate, he refused to show the will or give any of the proceeds of the estate to the other family members. My parents didn't pursue him legally (my mom was afraid of... Read more »

James Polack
James Polack answered on Jan 8, 2021

There's not enough information here to provide an exact answer. What can be done depends on what assets would pass under the grandparent's Wills, how long ago they died, the values of the real estate and the personal property, and other factors as well.

The first thing your...
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1 Answer | Asked in Divorce and Child Custody for Nebraska on
Q: My wife moved in with her boyfriend and now refuses talk to me about my daughter. I instead have to ask her boyfriend

Is that legal first of all. Second my ex wife knows our daughter better than anyone so that is why I would prefer to talk with her. This is not about my ex wife it’s about my daughter. I only find out about my daughters life by asking her questions which she doesn’t really like to answer. Just... Read more »

Julie Fowler
Julie Fowler answered on Jan 7, 2021

It isn't clear from your question if the mother of your child is your wife or your ex wife. If she is your ex wife, I assume there is a divorce decree in place that sets forth each parent's parenting time and possibly even a communication protocol. If there is and the mother is not... Read more »

1 Answer | Asked in Criminal Law for Nebraska on
Q: Are there any lawyers in Nebraska that will accept bond money as payment?
Julie Fowler
Julie Fowler answered on Jan 6, 2021

Yes. May do. It is not uncommon for a defendant to "assign" the bond money to their criminal defense attorney as part of the fee agreement for services.

1 Answer | Asked in Real Estate Law, Agricultural Law, Construction Law and Land Use & Zoning for Nebraska on
Q: My brother and I each want to put a house on 74 acres in NE, but the county doesn't allow more than one home per qtr.

But, there is a special condition that if we are ranchers and own all the land, a 2nd home can be built, so we can "get around" the problem of not being able to build two homes, by not separating the 74 acres into 2 parcels (so we both own the ground), so no real problem so far. But, I... Read more »

Julie Fowler
Julie Fowler answered on Jan 6, 2021

Your question is too specific for a general posting board like this. You will want to consult a real estate attorney experienced with farm land issues to see what exceptions might apply in your specific situation.

2 Answers | Asked in Child Support for Nebraska on
Q: Stepson is enlisting in the Navy & we pay child support. In the state of NE will the child support end when he enlists
Julie Fowler
Julie Fowler answered on Jan 6, 2021

Child support generally (but not always) terminates when a child begins service in the military. You may want to check the wording of your order. Some orders specifically state child support ends when military service is entered. Depending on the terms of the order, you may need to file a motion... Read more »

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2 Answers | Asked in Probate for Nebraska on
Q: My mom is deceased I am executer of her will how do I file the will with the state of nebraska so I can sell her house

And does it get filed in probate because it's worth over $50,000 dollars

James Polack
James Polack answered on Jan 5, 2021

In some cases, a probate case has to be filed in court but not in all cases. You should consult an attorney in person, who works in probate, or in real estate, or both, for guidance. The attorney should review the Will, the relevant real estate records, and any other relevant info before... Read more »

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2 Answers | Asked in Family Law and Child Custody for Nebraska on
Q: In NE, is the mother awarded temporary custody after spliting from the Childs father if they weren't married?

My best friend has a 3 year old and was never married to her father. The are no longer together but have not went to court for custody. Does she automatically get temporary custody of the child until the go in front of a judge?

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Jan 5, 2021

Yes. Absent anything to the contrary, natural mom of a child born out of wedlock is considered custodial parent by Nebraska law, but there are a number of factors that may change this, such as whether paternity was established by acknowledgment of the father, whether the parents are residing... Read more »

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1 Answer | Asked in Internet Law and Sexual Harassment for Nebraska on
Q: Will a sergeant from the ICAC contact an individual to discuss about charges accused to them?

Girl from Bumble listed as 18. Flirtatious photos sent and claims she is almost 17 and lives near the area. Father calls next day threatening 30 years in prison. Counseling fees said need to be paid. ICAC Sergant contacted next day through a text asking to "speak about allegations of being in... Read more »

Julie Fowler
Julie Fowler answered on Jan 4, 2021

I'm not sure what you are referring to by the abbreviation of ICAC. Your facts sound similar to a well-known blackmail scam.

See article with advice on such scam below:

https://www.jbsa.mil/News/News/Article/1503978/sextortion-scams-continue-to-occur-dont-give-into-scammers-demands/

1 Answer | Asked in Criminal Law for Nebraska on
Q: What exactly does attempted possession charge mean in Nebraska?

They want to drop the charge from possession to attempted possession of a controlled substance Also drop the paraphernalia charge totally. And keep the shoplifting charge.

Julie Fowler
Julie Fowler answered on Jan 4, 2021

An "attempt" offense is generally a lesser offense that can still be supported by the same general facts. These are often used as part of plea offer as "attempt" offenses often carry a lesser minimum/maximum sentencing range than the offense itself. Thus, the prosecutor may... Read more »

1 Answer | Asked in Tax Law for Nebraska on
Q: Can the IRS put a lien our house if my wife is considered an injured spouse and we aren’t in a community property state

I owe some back taxes to the IRS from 2009-2012. I haven’t filed taxes since then because I’m 100% service-connected disabled with the VA so my income is tax free. I married my wife in 2016 so she was unaware of my back taxes. — We have been taking care of her taxes by filing ‘injured... Read more »

Julie Fowler
Julie Fowler answered on Jan 4, 2021

Your question is too specific for a general posting board like this. The IRS has some of the most powerful tools of all creditors to collect back taxes. That being said, there are certain exemptions that they cannot garnish from. Even if your income is exempt, your assets may not be or may only... Read more »

1 Answer | Asked in Animal / Dog Law for Nebraska on
Q: My late fiance and I shared a dog, is there anyway his mom can take the dog?

We got the dog when his uncles dog had puppies. We didn't pay for the dog and she has always lived with me. I have had the dog since he passed away, almost 2 years ago. I'm looking into licensing her, I'm not sure if she already is or not. I just want to make sure that there's... Read more »

Julie Fowler
Julie Fowler answered on Jan 4, 2021

In Nebraska, a dog is personal property, just like any item in your home. Unless there are ownership papers that someone else owns the dog, the person who the dog lives with is generally the dog's owner. If the dog has ownership papers in one person's name but has lived with another... Read more »

1 Answer | Asked in Child Custody for Nebraska on
Q: My spouse hasn't seen our kids in almost 8 months, has had no contact with them. Can I file for abandonment?
Julie Fowler
Julie Fowler answered on Jan 4, 2021

You can file such, but just having 6 months of no contact is not an automatic grant of a termination of parental rights request due to abandonment. It is a very high bar for the Court to terminate parental rights.

1 Answer | Asked in Uncategorized for Nebraska on
Q: She had Legal guardianship
Julie Fowler
Julie Fowler answered on Jan 4, 2021

Not sure what your question is.

1 Answer | Asked in Employment Discrimination for Nebraska on
Q: Can a company require use of a corporate vehicle if there is not always one available for all employees?

When hired the agreement was use of personal vehicle and a fee per delivery. After obtaining corporate vehicles they’re requiring use (when available). Meaning who drives them is a matter of scheduling making this policy seem potentially discriminatory

Julie Fowler
Julie Fowler answered on Jan 4, 2021

Generally a company can have a policy that prohibits employees from using a personal vehicle for work-related activities and requiring to use a corporate vehicle. If there is actual discrimination in the work place, you may want to report such to the Nebraska Equal Opportunity Commission. There... Read more »

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: My grandson has lived with us for a year..Hes 11. His mother is unfit. What can I do to get legal custody of him?

His father pays child support none of which we see.She uses it as her income. His father has had nothing to do with him in years. My daughter has 3 other children but only 2 of them live with her. Can I get legal custody of him? Every time she gets mad she threatens to take him Away.My grandson... Read more »

Julie Fowler
Julie Fowler answered on Jan 4, 2021

If a non-parent wants custody of child that has been living with them, the most common process to obtain custody is to file for a guardianship action to ask for custody of the child. You generally need to show that the parents are unfit in order for the Court to award you custody if a biological... Read more »

1 Answer | Asked in Child Custody for Nebraska on
Q: How do I get paper to file To terminate guardianship To where I could at least get it into court
Vanessa Jean Gorden
Vanessa Jean Gorden answered on Dec 28, 2020

For a minor child, you can use the Supreme Court form here:

https://supremecourt.nebraska.gov/sites/default/files/CC-16-3-2.pdf

You will have to give notice to the appropriate parties, etc.

1 Answer | Asked in Child Custody and Child Support for Nebraska on
Q: Can somebody that has guardianship keep you from your child if you pay child support
Vanessa Jean Gorden
Vanessa Jean Gorden answered on Dec 28, 2020

Child Support and Parenting Time are two separate issues. Not paying support doesn't prevent you from visiting and paying support doesn't guarantee a right to visit. Alot depends on whether the guardianship is full or partial. A guardian simply steps into the shoes of a parent and has the... Read more »

2 Answers | Asked in Uncategorized for Nebraska on
Q: Are "Clerk Magistrates" authorized to perform marriages?
Julie Fowler
Julie Fowler answered on Dec 16, 2020

Neb Rev Stat 42-108 includes clerk magistrates as those authorized to perform a marriage ceremony.

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1 Answer | Asked in Employment Law for Nebraska on
Q: I'm wondering if what i experienced is harassment at my old job. I was bullied but not sure if it was illegal behavior.

I was looking for the definition of harassment in Nebraska.

Julie Fowler
Julie Fowler answered on Dec 16, 2020

Have you looked at the Nebraska Equal Opportunities Commission website? There is information there to help you find if behavior was not legal and for you to file a formal complaint with the NEOC if you believe there was.

https://neoc.nebraska.gov/

2 Answers | Asked in Child Support for Nebraska on
Q: My ex husband owes thousands in back child support. Our children are grown and I do not need the back child support.

Can I terminate back child support owed to me? If so how in Nebraska?

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Dec 16, 2020

You can execute a receipt for the amount owed which will cancel it out of the enforcement system.

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