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Nebraska Probate Questions & Answers
2 Answers | Asked in Probate for Nebraska on
Q: I am a resident of Massachusetts - a Nebraska county court judge is trying to force me to appear in person during covid

i am the PR - I do not want to have to come to nebraska during covid - do I need to file for an injunction in Nebraska before filing in federal court in Massachusetts?

Anthony M. Avery
Anthony M. Avery answered on Feb 5, 2021

You might move to be removed as Personal Representative. But all assets that have come into your possession would have to be transferred to the new, proposed PR. Federal Court probably has no jurisdiction in this matter, and if a Court wants a hearing, that is the Judge's discretion, not... 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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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 Real Estate Law, Elder Law, Estate Planning and Probate for Nebraska on
Q: What are the steps to getting your name added to a house title in Lincoln Nebraska? Brother had mom's name removed.

My dad passed, my brother removed mom's name so he's the only person on the title. My mother is elderly and she said she didn't know. I was never consulted and found out by looking at the county records. My bother said I can be put on the title but I don't know where to start.

Julie Fowler
Julie Fowler answered on Sep 4, 2020

If you are implying that there may have been some type of fraud in removing the mother's name and adding the brother's name to the title, then that needs to be looked into and corrected if necessary first before participating in the brother's willingness to add another name to the... Read more »

1 Answer | Asked in Probate for Nebraska on
Q: Mom passed away, I would like to buy her home. sibling is the Estate PR will not sell me the house. What can I do

Sibling is lying to the lawyer saying she is making it possible for me to go into the house. This is not true. My siblings have made it impossible for me to go into the house. My daughter is also interested in purchasing the home PR will not respond to request

James Polack
James Polack answered on Aug 17, 2020

You need to contact the judge in the probate court, if the case is in probate court, preferably with a lawyer.

If its not in probate court you need to get a lawyer and see it it could be brought to probate court.

The factual and legal possibilities are too broad to be more...
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1 Answer | Asked in Probate for Nebraska on
Q: Deceased uncle’s divorce decree states his employer’s life ins policy name his ex as Beneficiary. She is not named

He was retired. His employer confirmed his ex is not listed as beneficiary and that his next of kin need to waive their rights to it for her to get it. She insists she was at one time, but assumes the employer messed up and failed to enter her name into the system. His next of kin are 2 sisters... Read more »

Julie Fowler
Julie Fowler answered on Jul 22, 2020

You will want to contact a probate attorney in the State where the estate is being probated.

1 Answer | Asked in Probate for Nebraska on
Q: In Nebraska my dad died and left money to my brother my mom and myself my mom was put in a nursing home and has now died

My brother and I are listed as beneficiaries do we have to go through the whole process again of inheritance tax on bank accounts, life insurance and dads retirement left to my mom.

Julie Fowler
Julie Fowler answered on Mar 16, 2020

It isn't clear from your question the time frame of the events you describe. Generally you have to go through the same process each time you receive an inheritance but this may not be the case depending on the timing and the specific facts of your case.

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 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 Probate for Nebraska on
Q: I was informed when my father passed 2 plus years ago that me and my 2 siblings were to get part of his Inheritance

My aunt is the executor of my grandfathers will. My father never created a will before passing and was married to his 3rd wife out of Texas at the time of his death. He was to gain an inheritance from his father divided by 4 Of his siblings. Everyone has received their inheritance, including the... Read more »

Julie Fowler
Julie Fowler answered on Jun 18, 2018

You could start by contacting the clerk of the probate court of where your father deceased to see if there is a probate court case number under his name and date of death.

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