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Nebraska Questions & Answers
1 Answer | Asked in Immigration Law for Nebraska on
Q: Does the DMV check my address on SEVIS?

I go to the college in Nebraska as f-1 student. Although, I also live in Iowa where my family lives. I go there about twice a month and during the summer. I want to get license in Iowa but my SEVIS address is in Nebraska. I want to know does DMV allow me to apply for DL with the address that does... View More

Agnes Jury
Agnes Jury
answered on Nov 26, 2021

This is a question for the DMV in Iowa. Best wishes!

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: If neither parents have custody of a child, can 1 parent refuse further visits due to child being mistreated?

Father is telling 4 year old daughter that he's going to keep her and she'll never see her mom again.

Julie Fowler
Julie Fowler
answered on Nov 12, 2021

If you believe a child is being abused or neglected in Nebraska, then you have a legal duty to report the abuse to the Nebraska child abuse hotline. In Nebraska, everyone is a mandatory reporter.

If the parents don't agree on how much time, if any, the child should spend with either...
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1 Answer | Asked in Family Law for Nebraska on
Q: What is the definition of a significant other in the state of nebraska?
Julie Fowler
Julie Fowler
answered on Nov 12, 2021

I don't think there is an universal legal definition of significant other in Nebraska law. It is going to depend on the context and type of case.

1 Answer | Asked in Real Estate Law for Nebraska on
Q: Whose responsible for a collapsed sewer line discovered two days after moving in my newly purchased home?

My daughter just bought a house and moved in. Rite away the sewer started showing signs of problems. She had a camera ran thru the line and was told it was collapsed. She wasn't told anything about this during the purchase. It seems this had to be known issue that wasn't disclosed.... View More

James Polack
James Polack
answered on Nov 11, 2021

If the Seller knew of the problem and failed to disclose, they can be found liable in court, pending proof, etc. Nebraska law provides attorney fees in some circumstances, and if the Buyer is sucessfull, and if the case is filed within a year of purchase or possesion, depending which was first.... View More

1 Answer | Asked in Insurance Bad Faith, Car Accidents and Insurance Defense for Nebraska on
Q: With commercial auto insurance (both parties commercial vehicles) is loss of use covered?

Garbage man hit my equipment trailer that I use daily. I had no choice but to rent one and it’s been over a year and at faults insurance still has paid out a dime. It took them 8 mo to deem a total loss and now only wants to pay for 14 days of rental fees and no loss of use. I’ve spent nearly... View More

Tim Akpinar
Tim Akpinar
answered on Oct 30, 2021

A Nebraska attorney could advise best, but your question remains open for three weeks. As a general matter, it could depend on the terms of the policy. Vehicle property damages are generally limited to parts/labor for repairs or market value for geographic region, with rental for a limited and... View More

1 Answer | Asked in Family Law and Adoption for Nebraska on
Q: I was adopted and im 18. My parents kicked me out and threw away all of my belongings. Can I take it to court?

I was adopted back in 2016 of the start of the year. I am 18 now and was kicked out of my home for “not doing what’s best for me” when I had job interviews scheduled they refused to take me. I have been asking them nicely for my belongings and I learned from my little sister who lives in that... View More

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Oct 19, 2021

The legal age of majority is 19 years old in Nebraska, not 18 years old, and legally your parents are still responsible for you. Start with the child abuse hotline and see if NDHHS can suggest some resources for you. There is likely not a lot of recourse for your personal property unless it was... View More

1 Answer | Asked in Patents (Intellectual Property) for Nebraska on
Q: Hi, how much will it cost me to patent a idea?

I've been thinking and talking to invent help, but I need to patent it first. And how long does it take to complete. And what should I do first?

Kevin E. Flynn
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Kevin E. Flynn
answered on Oct 15, 2021

I think the best place to start is by reading some patents that are in the field where you hope to obtain a patent. Getting a patent is hard. This will make more sense once you have read some patents and maybe looked at the arguments made during the process to examine the patent. This will get... View More

1 Answer | Asked in Estate Planning for Nebraska on
Q: Can a person with power of attorney change a will, or make it so beneficiaries do not get property they are to recieve?
Nina Whitehurst
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Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 12, 2021

No, a will cannot be made or amended by an agent under a power of attorney. When it comes to making a will, that authority is not delegable. It is sometimes possible for a conservator to make or amend a will for a ward, but that is rare and it requires court approval.

2 Answers | Asked in Divorce and Real Estate Law for Nebraska on
Q: Does a subordination of real estate lien hold up the selling of property, until paid?
Julie Fowler
Julie Fowler
answered on Sep 23, 2021

It certainly can. It depends on your specific real estate transaction. Selling a home is much different than selling a factory and there isn't enough info in your question to know about this specific transaction. That being said, assuming this is the sale of a home, you generally must pay... View More

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1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Nebraska on
Q: Paternity question- resembling NE case state ex rel. Miah S. V. Ian K.

In my case , instead of State , the plaintiff ( bio dad) has brought a paternity suite in his own capacity using NE statute 43-1411. The children were born during marriage of my wife and myself. We do not have any divorce decree entered. 43-1411 allows state/alleged father/mother to file paternity... View More

Julie Fowler
Julie Fowler
answered on Sep 22, 2021

When a child is born during the marriage, there is a marital presumption that the child born during the marriage is a child of the marriage. If the parties remain married, they could object to a third party trying to establish paternity and argue that the marital presumption prevents the third... View More

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: My landlord isn't doing repairs.

I notified my landlord 2 weeks ago that my air conditioner wasn't working right. I was told it would be fixed by the 21st. It still hasn't been. Can I buy a new one (in wall unit) and have it installed and deduct the entire cost from my rent?

Julie Fowler
Julie Fowler
answered on Sep 21, 2021

Probably not.

The Legal Aid Landlord Tenant Handbook is a good resource to review for some basic info before speaking with an attorney about your specific situation.

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

1 Answer | Asked in Consumer Law and Contracts for Nebraska on
Q: How long do I have to invoice a consumer for my service?

I was reviewing accounts and realized I never invoiced a consumer for my services. A year has passed since the services, are they still legally bound to pay me?

Julie Fowler
Julie Fowler
answered on Sep 21, 2021

Depending on the facts, you are still likely within the statute of limitations to collect the debt. Call the customer and explain the mistake. The customer shouldn't expect to get a free service when there was an agreement to pay. You may also need to talk with your tax professional to find... View More

1 Answer | Asked in Car Accidents for Nebraska on
Q: Filling out driver's motor vehicle accident report online, I accidentally hit the submit instead of save button

Once you submit, it is filed. Should I be worries? Accident was not my fault.

Julie Fowler
Julie Fowler
answered on Sep 21, 2021

If you didn't fill out the accident report as you intended, you may want to call and explain what you accidentally did and ask how to have the report re-opened.

1 Answer | Asked in Child Support for Nebraska on
Q: We had a temp hearing. The judge ordered child supt. When do I start paying? Order hasn’t be signed or filed in court.

We got 50/50 and the temp order states child support and alimony for me to start paying and for both of us to take care of our own mortgages and bills. She has not made the mortgage payment and I haven’t pay for child support and alimony yet since I don’t have any court paperwork. Her lawyer is... View More

Julie Fowler
Julie Fowler
answered on Sep 21, 2021

The Order will include the start date that the judge ordered the payments to start. Most temporary orders are entered by the Court within a relatively short period of time after the hearing occurs, from a few days to a month or so on average. If the other party was required to prepare the order... View More

1 Answer | Asked in Antitrust for Nebraska on
Q: How should I go about signing a legal document where someone I bailed out of jail will return my money?

The date they will receive a check for my money is in about 3 weeks. They are willing to sign a legal document stating they will return the money as soon as they receive it. If this person is already being garnished for a different case what is the chances of me receiving if they do not pay after... View More

Julie Fowler
Julie Fowler
answered on Sep 21, 2021

If you have a written contract, it may be easier to have the Court's assistance in enforcing the terms of the contract if the other party breaches the agreement. The are a number of ways to protect yourself when you loan someone money, such as a promissory note or collateral.

It is...
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1 Answer | Asked in Bankruptcy for Nebraska on
Q: Can you file bankruptcy on an overpayment made by disability?
Timothy Denison
Timothy Denison
answered on Aug 29, 2021

No.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Nebraska on
Q: My son 8 told me his mom is manipulating him into hanging w/ affair partner/cousin he’s scared to go back what can I do

He doesn’t want to go back he has an older sister 14 who who this guy punched and their mother doesn’t care for because she chooses partner over kids

Julie Fowler
Julie Fowler
answered on Aug 19, 2021

If you believe a child in Nebraska is being abused or neglected, then you have a duty to report such to the Nebraska Child Abuse Hotline. Everyone is a mandatory reporter in Nebraska.

If you want to ask the Court to enter or change a custody order or parenting time, then you would need to...
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1 Answer | Asked in Family Law for Nebraska on
Q: My 15 yr is pregnant and running away all the time. Is there anything I can do to protect them both?
Julie Fowler
Julie Fowler
answered on Aug 19, 2021

A good place to start looking for advice is a counselor or Boys Town. Boys Town National Hotline (1-800-448-3000). Often these are the type of professionals that can best help in these situations. If you are looking to get the child placed outside of the home, there are legal options but are... View More

1 Answer | Asked in Family Law and Child Custody for Nebraska on
Q: Does temporary guardianship give up my rights to my kids? Can my mother then cut off 100% all communication between me?

I’m January I signed temporary guardianship of my two kids to my mom while I checked myself in to a rehab. I can’t for certain remember what the paper said but I do recall my name being spelled wrong completely. Would that even hold in court? I never received a copy of the document nor did I... View More

Julie Fowler
Julie Fowler
answered on Aug 19, 2021

It depends on what you signed in the court action and what type of court action it self.

If you signed a consent to guardianship or similar court papers, then you would need to file a court action to terminate the guardianship or ask in the court action for specific parenting time if the...
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1 Answer | Asked in Divorce for Nebraska on
Q: I was given a house by my father after date of separation but before divorce papers were filed is it separate property?

Would my house gifted to me by my father after date of separation but before divorce paperwork was filed be separate property or marital property?

Julie Fowler
Julie Fowler
answered on Aug 19, 2021

It depends on the facts, but there is the potential of a marital interest in the real estate, even if the spouse is not on the title. Even if only one spouse is on the title of the deed, the spouse may not have the ability to pass a clear title if there is a marital interest in the property.... View More

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