How does an incomplete or missing marriage certificate affect a surviving spouse’s allowance claim in Nebraska?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer Under Nebraska law, a surviving spouse may claim a support or family allowance from the decedent’s estate under Nebraska Revised Statutes § 30-2422. That statute grants funds for maintenance and support during probate. To qualify, the spouse must prove […]
Read article →What Steps Are Needed to Identify and Resolve Hospital or Insurer Liens Before Disbursing Settlement Funds in Nebraska
Detailed Answer Before distributing settlement funds in a personal injury case in Nebraska, you must identify and resolve any hospital or insurer liens. Nebraska law grants hospitals a lien on settlement proceeds for care provided to an injured person. Health insurers may also assert subrogation or reimbursement rights for benefits paid. Failing to satisfy these […]
Read article →How Can I Obtain Appointment as Administrator When a Higher-Priority Heir Exists in Nebraska?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer 1. Nebraska’s Order of Priority The Nebraska Probate Code establishes a strict rank system for appointing administrators. Under Neb. Rev. Stat. §30-2412, priority proceeds in this order: surviving spouse and lineal descendants; grandchildren; parents; siblings; more remote relatives; and […]
Read article →How can a guardian or guardian ad litem be appointed to manage a minor’s interest in an estate? (NE)
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under Nebraska law, minors cannot directly manage their share of an estate. To protect a minor’s financial interests, the court may appoint a guardian or a guardian ad litem under the Nebraska Probate Code. The process involves the following […]
Read article →What steps protect a minor’s inheritance in Nebraska when the decedent did not leave a will?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Intestate Succession and Minor Heirs When someone dies without a will in Nebraska, their estate passes under the Nebraska Intestate Succession Act at Neb. Rev. Stat. §30-2317. If a minor child is an heir, Nebraska law provides mechanisms to […]
Read article →What mechanisms ensure the administrator complies with estate duties and bond requirements in Nebraska?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under Nebraska law, probate courts use several tools to ensure an estate administrator fulfills duties and meets bond requirements. These mechanisms include bond posting, court oversight through inventory and accounting, creditor protections, and removal or surcharge actions for noncompliance. […]
Read article →Can a Personal Representative Seek a Commission on Estate Assets and Sale Proceeds in Nebraska?
Disclaimer: This article provides general legal information only. It is not legal advice. Commission on Estate Assets Under Nebraska law, a personal representative (also called an executor or administrator) may seek a commission based on the gross value of estate assets. Neb. Rev. Stat. § 30-24,607 authorizes the court to approve reasonable compensation. The court […]
Read article →What Steps Are Required to Locate, Inventory, and Distribute Estate Assets and Settle Debts in NE?
Disclaimer: This article is for educational purposes and does not constitute legal advice. For guidance on your specific situation, consult a licensed Nebraska attorney. Detailed Answer Administering a probate estate in Nebraska requires following the state probate code (Neb. Rev. Stat. § 30-24,100 et seq.). Below are the core steps to locate assets, inventory them, […]
Read article →How Do Intestacy Rules Apply if No Valid Will Is Found in Nebraska?
Understanding Intestacy in Nebraska When No Valid Will Exists Intestate succession occurs when a decedent dies without a valid will. Intestacy rules dictate how the decedent's assets distribute to heirs under Nebraska law. This is not legal advice. Detailed Answer When no valid will is found, the estate is considered intestate. The Nebraska Probate Code […]
Read article →Which court or county office handles estate administration and unclaimed property claims in Nebraska?
Detailed Answer Under Nebraska law, two separate offices handle estate administration and unclaimed property claims. You file probate matters, including wills and estate administration, with the County Court in the decedent’s last county of residence. For unclaimed property—such as dormant bank accounts or uncashed checks—you submit your claim to the Nebraska State Treasurer’s Office, Unclaimed […]
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