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Nebraska Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Nebraska on
Q: Do we have to go through probate to receive the funds in one annuity account of unknown $ amount?

My sister passed away last year. She had named her two children as beneficiaries on all of her accounts except this one. Her total estate was slightly over $100,000, so we can't use the Small Estate Affidavit or Transfer of Personal Property Without Probate forms. Is there a simpler way to... View More

Anthony M. Avery
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answered on Apr 20, 2023

Who is the beneficiary? That person needs to make a claim against the insurance co. for the annuity death benefit. Legal Suit is very difficult as to which jurisdiction to sue in, which is probably not the State you are in. Read the Annuity Contract and hire a NE attorney to start making a... View More

2 Answers | Asked in Bankruptcy for Nebraska on
Q: Chapter 7 bankruptcy in inherited

I became disabled. I need to file chapter 7 bankruptcy. I am about to receive inherited money in new few months. The problem is i owed more than I will receive. don’t know what to do. can someone help

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 19, 2023

As you may know, there is a provision in the Bankruptcy Code that would include assets you receive by inheritance within six months of your inheritance. In other words, kiss your inheritance goodbye.

You don't include any real facts, like, amouts of debt or probable amount of...
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1 Answer | Asked in Personal Injury for Nebraska on
Q: In December I slipped on ice on my current apartments main pathway to the mailbox. The area was not taken care of

I'm a disabled veteran and need help. I was informed after I fell about the possibility of ice being forecasted. I went to get my mail at the mailboxes and I slipped on the ice on the front steps. I landed directly on the corner of the step to the small of my back. I have video evidence from... View More

Tim Akpinar
Tim Akpinar
answered on Apr 18, 2023

A Nebraska attorney could advise best, but your question remains open for a week. I'm sorry about your accident and injuries. Thank you for your service. It sounds like you've already reached out to law firms. I can't say anything about the reason for the difficulty in finding... View More

2 Answers | Asked in Family Law and Child Custody for Nebraska on
Q: My wife has taken our children out of state (from NE to AZ). Is there anything I can legally do to stop her?
Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Apr 17, 2023

Yes. If you file for dissolution and an ex parte motion for temporary custody, your spouse is very likely to be ordered to return the children to Nebraska as all 50 states have enacted some version of the UCCJEA. If you do nothing and six months passes, then the new state would likely be considered... View More

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1 Answer | Asked in Employment Law for Nebraska on
Q: Can I ride my newly bought bike before getting my permit and test

If I do get picked up will I be just getting a charge

Julie Fowler
Julie Fowler
answered on Apr 12, 2023

You need to have a Class M (motorcycle license) in order to operate a motorcycle on public roadways. If you drive without a valid license, you can be charged for it.

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: We are trying to find a pro bono lawyer in Lincoln. How do we look for one? Thanks for your help!!

My daughter is trying to find a pro bono lawyer in Lincoln or at least one that would be able to work with her financial situation. The father of the girls has moved out of State and is very unstable. She is worried that if she does not receive Full Custody and he happens to come back to Lincoln,... View More

Julie Fowler
Julie Fowler
answered on Apr 12, 2023

If you file a custody action, the Court will set forth who has custody and what each parent's parenting time will be. This could include specifics as to whether the father gets to take the children out of state or not and how much time he has with the children.

There are a number of...
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2 Answers | Asked in Child Custody and Family Law for Nebraska on
Q: how do i change custody

i need more explanation through the process and how to change custody

parent has no custody because of drug past and has changed and gotten better but she is still being held against for that reason

John Michael Frick
John Michael Frick
answered on Apr 4, 2023

With a past record of drug use, it is important to hire an experienced family law attorney in or near the county where the court is located. From experience with the judge, they can best guide you as to what to expect in a suit seeking to regain custody.

It is important you know in advance...
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1 Answer | Asked in White Collar Crime and Criminal Law for Nebraska on
Q: I have a consoling merchandise charge that I didn't qualify for diversion for that has turned into a warrant. Below $100

I also have a shoplifting & trespassing charge below $50. I believe I had nervous break down. What can I do to change these to anything not associated with theft so that I can secure employment

Julie Fowler
Julie Fowler
answered on Mar 28, 2023

You would need to retain a criminal defense attorney or public defender to assist you. You may be able to have your charges reduced or dismissed. It may make sense to take the case to trial and have the prosecutor prove their case or the charges dismissed. Alternatively, if it doesn't make... View More

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Is a 16 year old able to speak on their own behalf at a custody modification hearing in Colorado ?

The last hearing was when the child was 10

Julie Fowler
Julie Fowler
answered on Mar 28, 2023

I can't comment on how Colorado does things but in Nebraska, a child that is of suitable age and experience may be allowed to testify at trial. Generally 16 years old is old enough but it depends on the specific child and specifics of the case. Most cases settle without a trial so generally... View More

1 Answer | Asked in Municipal Law for Nebraska on
Q: Is it illegal to park a car facing the opposite direction on a residential street in Lincoln NE

I could not find anything saying that it's illegal or against the law

Julie Fowler
Julie Fowler
answered on Mar 20, 2023

The driver's license manual in Nebraska includes this requirement. You would have to look at the regulations and statutes to see if the requirement is from the regulations or statutes if you couldn't find it in your city's local ordinances.... View More

1 Answer | Asked in Traffic Tickets for Nebraska on
Q: If I don’t dispute my ticket, do I have you pay anything else?

My boyfriend got a speeding ticket of $75 dollars. He wished to not dispute it because we live in the next town over. He paid it online (have receipt) and recently received a notice of needing to pay $50 in random other “fees”. One even adds on to the said ticket. Called the county office and... View More

Julie Fowler
Julie Fowler
answered on Mar 20, 2023

Generally you can be required to pay some type of processing fee or court cost fee. This can include towards a court filing fee or as simple as the transaction costs if a credit card is used. You would need to speak with an attorney about the specifics of your case to see if this general rule... View More

1 Answer | Asked in Education Law for Nebraska on
Q: How do I fight truancy court in Nebraska with depression and anxiety? Fighting with school for drop forms to get ged.

Haven’t sent her to school for entire 3rd quarter. Tried to transfer scold was never told the school had 45 days to make a decision. School district is playing lots of games and not giving documentation to keep process going and now have a court date where they are threatening to remove her from... View More

Julie Fowler
Julie Fowler
answered on Mar 20, 2023

You need to speak with an attorney right away or you may lose custody of your child. If the child is not going to your local school, the child still needs to be in some type of schooling. Options include an alternative school, private school, or homeschooling. A younger child not attending any... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for Nebraska on
Q: how do i answer a complaint to modify custody
Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Mar 20, 2023

That depends. You may not believe anything needs to change and you can file a General Denial type Answer to require the moving party to prove their allegations. Or you may also want to allege a different set of material and substantial circumstances that have changed and request a different... View More

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1 Answer | Asked in Family Law, Child Custody, Civil Rights and Native American Law for Nebraska on
Q: I want to know what I can do when it comes to a state worker that's suppose to help with a case and not doing her job

A state worker who don't do her job right and don't communicate with her client when it comes to her children. Not helping to point client the right direction in life to do better for the children.

James L. Arrasmith
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answered on Mar 16, 2023

If you are experiencing issues with a state worker who is not performing their job duties as required, there are several steps you can take:

Contact the worker's supervisor: The first step you can take is to reach out to the worker's supervisor to report the issues you are having....
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1 Answer | Asked in Insurance Bad Faith for Nebraska on
Q: I purchased a vehicle from a dealer didn’t know it is total loss! I had to do carfax in order to find it
John Michael Frick
John Michael Frick
answered on Mar 11, 2023

Obtaining a CarFax or similar report before purchasing a used car has become so common now, it is virtually expected.

When your mechanic did your pre-purchase inspection, did he report anything wrong with it affecting its operation?

1 Answer | Asked in Small Claims for Nebraska on
Q: Got an air compressor on Facebook but didn't have money to pay the guy loaded them anyways said pay him later

Got them home and researched them found out its not worth anything and there is no way I can use it contacted the seller and said I can't use it I'm just going to bring it back he refuses to let me bring it back to him and says he is going to get the law involved if I don't pay him... View More

Julie Fowler
Julie Fowler
answered on Mar 2, 2023

Unlike many businesses that allow free returns, you generally don't have the right to return an item you purchased from a private seller, absent fraud, etc. by the seller. If you have an agreement to pay for something you received, the Court will generally hold you to pay for it, even if you... View More

1 Answer | Asked in Constitutional Law and Civil Litigation for Nebraska on
Q: Can a munipality legally engage in a civil lawsuit against a church ?

The city attorney for the city of north platte has pursued a lawsuit against a church to the point of obtaining a court order to demolish the church owned building due to surface damage to the church done by vandals removing siding and poking holes in the material under the siding. The church... View More

James L. Arrasmith
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answered on Mar 2, 2023

It is possible for a municipality to engage in a civil lawsuit against a church, just as it is possible for any entity to engage in a civil lawsuit against another entity. However, whether the municipality's actions are legal and appropriate would depend on the specific facts and circumstances... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Nebraska on
Q: can I use "kidz Kinect" for a church children's worship program or is that trademark infringement ?
James L. Arrasmith
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answered on Feb 25, 2023

It is possible that "Kidz Kinect" could be a trademark that is owned by someone else for a similar or related product or service. To determine if using "Kidz Kinect" would be trademark infringement, you would need to conduct a trademark search to see if the name is already... View More

1 Answer | Asked in Tax Law for Nebraska on
Q: Is there a minimum amount of years you have to own a home before you sell so you don't have to pay taxes on the profit?

Specifically, I've only one it for 1 year now and if I sell will I have to pay un-needed taxes? I am wanting to sell the property and then use those profits for the downpayment on my new house.

Julie Fowler
Julie Fowler
answered on Feb 16, 2023

This is more of a tax question. You would need to talk to a CPA or tax professional about your specific situation. The IRS has a publication to help you to determine if you are subject to federal taxes for the sale of real property. You may also be subject to state or local taxes as well. As... View More

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: How does a court hearing go for a child that was removed from my home due to something I said to CPS in an email?

I've asked the state to step in and help me multiple times last year to try and get my mentally ill child in a facility cause I'm frustrated with trying to deal with her psychological behaviors so last week was the last straw and I emailed the hotline and told them if they don't help... View More

Julie Fowler
Julie Fowler
answered on Feb 16, 2023

The Nebraska Supreme Court has put together a number of pamphlets that help explain the juvenile court system process. It includes what the first hearing will likely be like.

https://supremecourt.nebraska.gov/programs-services/court-improvement-project/information-youth-families

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