Nebraska Legal Guides
13 guides covering Nebraska topics, each with CaseDiver search beside the article.
- Can an Irrevocable Trust Be Modified to Increase Minuscule Income Distributions?
The common law, as well as most state statutes, allow the terms of an irrevocable trust to be modified under certain circumstances. In Wells Fargo Bank, Nat'l Ass'n v. Unknown/Undiscovered Heirs (In re Tr. of Shire), 299 Neb. 25, 907 N.W.2d…
- Castle Doctrine in Nebraska: Deadly Force Against Intruders
Nebraska castle doctrine: when occupants may use deadly force against home intruders, key statutes (Neb. Rev. Stat. § 28-1409), presumptions, and leading cases.
- How Do You Make a Valid Will In Nebraska?
To make a valid will under Nebraska law, the will must be: In writing; Signed by the testator; Signed by two witnesses. The requirements for making a valid will under Nebraska law are found in NE Code § 30-2327 . Who Can Make a Valid…
- Nebraska Alimony: Eligibility, Amount, and Duration
How Nebraska courts award alimony under Neb. Rev. Stat. § 42-365: eligibility, statutory factors, duration, and leading cases.
- Nebraska Child Support Guidelines: How Support Is Calculated
How Nebraska calculates child support under Neb. Rev. Stat. § 42-364.16; Nebraska Child Support Guidelines, including the income shares, deviations, modification, and leading cases.
- Nebraska Supreme Court: $875,000 Charitable Bequest To Nursing Home Did Not Lapse For Failure Of Gift
In In Re Akerson , a June 11, 2021 opinion, the Nebraska Supreme Court held that an $875,000 charitable bequest to a nursing home facility did not lapse, and thus reversed the probate court’s decision invaliding the bequest and passing it t…
- Nebraska Supreme Court Construes Will: Intent To Disinherit Heir Must Be Express Or Necessarily Implied In Will
In In re Estate of Brinkman , the Nebraska Supreme Court construed the terms of a will to determine that a decedent did not intend to disinherit his daughter under the terms of his will. The Facts Of In re Estate Of Brinkman Michael Brinkma…
- Nebraska Supreme Court: Decedent’s Real Property Remained In Estate And Was Not Validly Purchased Under Option Contract
Sometimes inherited real property passes automatically by operation of Nebraska law. Other times, persons purporting to transact on a decedent’s property are unaware that they do not actually have the authority to do so. In the June 2020 ca…
- Nebraska Supreme Court: Estate, Not County, Responsible For Payment Of Personal Representative Fees
In a July 24, 2020 opinion, In Re Estate of Hutton , the Nebraska Supreme Court clarified that a decedent’s estate, not the county in which the estate is being probated, is responsible for paying the personal representative’s fees. In this …
- Nebraska Supreme Court: Nonjudicial Settlement Agreement Violated Material Purpose Of Trust By Ignoring Spendthrift Provision
In In Re Trust Created By McGregor , the Nebraska Supreme Court held that spendthrift provisions of a trust established a material purpose of the trust, and held a nonjudicial settlement agreement invalid for violating the trust’s purpose. …
- Stand Your Ground Laws in Nebraska
Nebraska stand-your-ground overview (duty-to-retreat (outside the home)): duty to retreat, statutes, civil immunity, and controlling cases.
- Surviving Spouse Rights Nebraska
Surviving spouse rights are protected under Nebraska law, and include: Elective Share Homestead Allowance Exempt Property Family Allowance These widow's rights are important, and sometimes depend on whether or not the deceased spouse had a …
- Who Are Next Of Kin In Nebraska?
Next of kin under Nebraska intestate inheritance law include: Surviving spouse Children Parents Siblings Grandparents Aunts and uncles The next of kin heirs at law inherit when a decedent died without a valid will under Nebraska law, otherw…