Best Estate Planning Lawyers in Nebraska
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List of the best lawyers in Nebraska, United States
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United States Estate Planning Legal Questions answered by Lawyers
Browse our 2 legal questions about Estate Planning in United States and the lawyer answers, or ask your own questions for free.
- My husband passed away five years ago. We have a property in th Philippines and I would like to transfer everything to my child. We are now residing in California, as U.S. citizens and my late husband a Filipino citizen.c
- Hello:We are sorry to hear about the passing of your husband, and we extend our deepest condolences.Regarding your concern, since your husband was a Filipino citizen and you are now both U.S. citizens residing in California, the property transfer to your child in the Philippines can be lawfully facilitated under Philippine succession laws.Here are some important legal points and possible remedies:1. Extrajudicial Settlement of Estate (if there is no will)If your husband died intestate (without a will), and there are no other compulsory heirs aside from your child, you may execute an Extrajudicial Settlement of Estate with Waiver of Rights in favor of your child. This must be:Signed by you as the surviving spouse,Notarized and registered with the Registry of Deeds,Accompanied by a notarized Affidavit of Self-Adjudication or Waiver, if applicable.If the property is titled in your husband's name, the title must be transferred first to the estate, and then to your child.2. Judicial Settlement (if there is a dispute or complications)If:There are other legal heirs,There is no agreement on the partition,Or if a will exists that needs probate,Then a petition for judicial settlement must be filed before the Philippine court having jurisdiction over the property.3. Tax Clearance & Title TransferTo legally transfer the title, the following must also be secured:BIR Certificate Authorizing Registration (CAR),Estate tax clearance,Updated real property tax payments,Transfer of title with the Registry of Deeds.We recommend an initial consultation so we can properly review your husband’s death certificate, property documents, marriage certificate, and your child’s proof of identity. This way, we can assist you in completing all required steps without requiring you to travel to the Philippines.You may directly schedule and automatically get a Google Meet link using the link below:👉 https://calendar.app.google/MuALV3nLqedy9FCx6Our Contact Information:📧 Email: recososalawfirm@gmail.com📞 Phone/Viber/WhatsApp: 09175046510📍 Office: 5th Floor, Park Centrale Building, IT Park, Apas, Cebu City, 6000We look forward to helping you secure your child’s rightful inheritance.Best,Atty. Jofre RecososaOwner, Recososa Law Firm
- How to protect property from squatters law
- After completing probate to establish yourself as the legal heir, you can transfer the property title to your name and then grant them permission to reside there through a formal agreement.It is worthy to note that you can do it through special attorney.
About Estate Planning Law in Nebraska, United States
Estate planning in Nebraska involves making important decisions about how your assets will be managed and distributed after your death. It is more than just writing a will - it is a comprehensive process that can include setting up trusts, naming guardians for minor children, establishing powers of attorney, and planning for incapacity. Nebraska law provides specific rules about how estate documents must be prepared and executed. Proper estate planning gives you control over your legacy, helps ensure your wishes are honored, and can significantly reduce stress for your loved ones after your passing.
Why You May Need a Lawyer
Estate planning can be complex and laws vary significantly from state to state. While some people use simple do-it-yourself forms, there are many situations where seeking the guidance of an experienced Nebraska estate planning lawyer is beneficial, including:
- You have a blended family, such as stepchildren or remarriages.
- You own significant assets, including real estate or a business.
- You want to minimize estate taxes and avoid probate when possible.
- You wish to set up trusts for minor children or beneficiaries with special needs.
- You need help choosing or updating guardians, executors, or powers of attorney.
- You are concerned about potential will contests or family disputes.
- You wish to make charitable gifts from your estate.
- Your family situation is changing due to marriage, divorce, or a new child.
- You moved to Nebraska from another state and are unsure if your documents comply with Nebraska law.
A lawyer can help ensure your documents are legally valid, reflect your wishes accurately, and provide maximum protection for you and your loved ones.
Local Laws Overview
Nebraska's estate planning laws have unique features that affect how your estate is handled. Some key points to consider include:
- Nebraska follows the Uniform Probate Code, but with some state-specific variations.
- Wills must be signed by the testator and witnessed by two individuals who are not beneficiaries.
- Nebraska recognizes formal wills, holographic wills, and even some oral wills under limited circumstances.
- Probate is required for most estates, but simplified procedures may be available for small estates under a certain value threshold.
- Living trusts can help avoid probate, but must be properly funded to be effective under Nebraska law.
- Nebraska does not have a state estate or inheritance tax for deaths after 2007, but some county inheritance taxes may apply.
- Powers of attorney and advance directives (living wills) are legally recognized and must follow specific statutory forms and rules.
- Failure to have a will means your assets will be distributed according to Nebraska’s intestacy laws, which may not reflect your actual wishes.
Because of these and other local nuances, estate planning in Nebraska should be approached with care.
Frequently Asked Questions
What happens if I die without a will in Nebraska?
If you die without a will, your estate will be distributed according to Nebraska’s intestacy laws. These laws dictate which relatives inherit your assets, which may not reflect your personal wishes.
Do I need my will notarized in Nebraska?
A will does not have to be notarized to be valid in Nebraska. However, you can make your will self-proving by including a notarized affidavit, which can speed up the probate process.
How do I avoid probate in Nebraska?
Some assets can avoid probate by using beneficiary designations or joint ownership. Creating and properly funding a revocable living trust is another common way to avoid probate in Nebraska.
Can I change my will after it is signed?
Yes, Nebraska law allows you to update or revoke your will at any time as long as you are mentally competent. Changes must be made following the required legal procedures.
What is a living will and does Nebraska recognize it?
A living will is a legal document stating your wishes for end-of-life medical care. Nebraska law recognizes living wills and advance directives if they are properly executed.
When is probate required in Nebraska?
Probate is generally required when someone owns real estate or significant assets in their sole name at death. However, simplified procedures may be available for smaller estates.
How does Nebraska treat inherited property in divorce?
Inherited property is typically considered separate property in a Nebraska divorce, but it can become marital property if commingled with joint assets. Clear estate planning can help protect inheritances.
Who can serve as an executor in Nebraska?
An executor (also called personal representative) must be at least 19 years old and of sound mind. Out-of-state executors are permitted but may need to appoint a Nebraska resident agent.
What is Nebraska's inheritance tax and who has to pay it?
Nebraska counties impose inheritance taxes on beneficiaries who are not close relatives of the deceased. Rates and exemptions vary by relationship and by county.
How often should I update my estate plan?
Review your estate plan every few years or after significant life changes such as marriage, divorce, childbirth, or a major change in assets or the law.
Additional Resources
Here are some organizations and resources that can provide helpful information about estate planning in Nebraska:
- Nebraska State Bar Association - offers resources and attorney directories.
- Nebraska Judicial Branch - provides forms and information about probate and guardianship.
- Local county probate courts - for information about local procedures and inheritance taxes.
- Area Agencies on Aging - provides support and referral services for older Nebraskans.
- Legal Aid of Nebraska - offers assistance to qualifying individuals needing legal help.
- The Nebraska Department of Health and Human Services - for advance directives and healthcare planning forms.
Next Steps
If you are considering estate planning in Nebraska, start by making a list of your assets, your family’s needs, and your wishes for how your estate should be managed. Review your situation for any special circumstances, such as unique family dynamics or business ownership, that might require advanced planning.
Consulting an experienced Nebraska estate planning attorney is the best way to ensure your documents are valid, updated, and tailored to your individual situation. Most attorneys offer an initial consultation to discuss your goals and outline the process. Bring any existing wills, powers of attorney, and other relevant documents to your appointment.
Staying informed and proactive with your estate planning can bring peace of mind for you and security for your loved ones. Take the next step today to create or update your Nebraska estate plan.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.