How Can Estate Expenses and Ongoing Bills Be Managed During Probate in Nebraska?
Disclaimer: This article is for educational purposes and is not legal advice. Detailed Answer During Nebraska probate, the personal representative (formerly called executor) must protect estate assets and pay ongoing bills and final expenses. Here’s how this process typically works: Appointment of Personal Representative: After filing the will and petition in county court, the court […]
Read article →What options exist for selling or transferring real property when an heir is a minor child and cannot consent in Nebraska?
Detailed Answer When an heir to real property in Nebraska is a minor, that child lacks legal capacity to consent to a sale or transfer. Nebraska law offers several court-supervised pathways to handle the minor’s interest while protecting their rights and ensuring any transaction serves the minor’s best interest. 1. Sale Through Probate by a […]
Read article →How to enforce distribution of life insurance proceeds in probate when no beneficiary was designated in Nebraska?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer When a policyholder dies without a designated beneficiary on a life insurance policy, the death benefit becomes part of the decedent’s probate estate and distributes under Nebraska’s intestate succession laws. Under Neb. Rev. Stat. §30-2303 (link), assets pass to […]
Read article →How Can a Beneficiary Compel an Estate Administrator to Pay an Inheritance Share in Nebraska?
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Detailed Answer In Nebraska, an estate administrator (also called a personal representative) must collect assets, pay debts and taxes, then distribute the remaining property to beneficiaries under a will or Nebraska’s intestacy laws (see Neb. Rev. Stat. §30-248). If you […]
Read article →How Does Intestate Succession Work in Nebraska With No Spouse and Two Children?
Intestate Succession in Nebraska: No Spouse, Two Children Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific circumstances. Detailed Answer When a Nebraska resident dies without a valid will, the state’s intestate succession laws determine how the probate estate distributes to heirs. […]
Read article →How does intestate succession work in Nebraska when no will exists and the decedent died with no spouse and three children?
Detailed Answer When someone dies in Nebraska without a valid will (intestate) and leaves no surviving spouse but has three children, Nebraska’s intestate succession statutes dictate that the entire probate estate passes equally to the decedent’s children. Under Neb. Rev. Stat. § 30-2202(1) (https://nebraskalegislature.gov/laws/statutes.php?statute=30-2202), if there is no surviving spouse, the decedent’s “issue” (i.e., lineal […]
Read article →How can the Nebraska Slayer statute rule affect an heir’s right to inherit from a decedent’s estate?
Detailed Answer Under Nebraska law, the slayer statute prevents an individual who unlawfully and intentionally caused a decedents death from inheriting from that decedents estate. The primary goal is to uphold public policy by denying any benefit to a person who commits or is responsible for homicide. The statute Neb. Rev. Stat. 730 provides: “No […]
Read article →How to Apply for a Medicaid Hardship Waiver to Protect Inherited Property from Estate Recovery Claims in Nebraska
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Understanding Nebraska Medicaid Estate Recovery and Hardship Waivers What Is Medicaid Estate Recovery? Under federal and state law, Nebraska’s Department of Health and Human Services (DHHS) must seek reimbursement from the […]
Read article →How do I determine who the intestate heirs are of my father's estate in NE?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult an attorney for advice on your specific situation. Detailed Answer If your father died without a valid will in Nebraska, the Nebraska Probate Code directs how to distribute his estate. Nebraska’s intestate succession rules appear in Neb. Rev. Stat. §§ […]
Read article →Can I appeal a probate court decision removing a personal representative in Nebraska?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation. Detailed Answer 1. Grounds for Removal and Right to Appeal In Nebraska, a personal representative may face removal for misconduct, neglect of duties, or failure to account for estate assets. If […]
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