Nebraska Legal Guides
29 guides covering Nebraska topics, each with Caselaw search beside the article.
Where to search Nebraska lawFree caselaw search for Nebraska — search by citation, case name, or legal issue, with full text and PDFs.
- Adverse Possession in Nebraska
Nebraska adverse possession: 10 years under Neb. Rev. Stat. § 25-202. Elements, taxes, color of title, and linked Nebraska opinions.
- 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…
- Can I Get Sued After a Car Accident in Nebraska? Does Fault Matter?
Nebraska car accident lawsuits and fault: modified comparative fault with a 50% bar (recovery barred at 50% or more fault) under Neb. Rev. Stat. § 25-21,185.9, when you can sue or be sued, insurance rules, and the statute of limitations (Four years for most negligence-based personal injury claims under Neb. Rev. Stat. § 25-207.).
- 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.
- Child Custody and Parenting Time in Nebraska
How Nebraska courts decide custody and parenting time under Neb. Rev. Stat. §§ 43-2921 to 43-2923, including best-interests factors, relocation, and modification.
- DUI Penalties in Nebraska
Nebraska DUI penalties under Neb. Rev. Stat. § 60-6,196: BAC limits, first-offense range, when a DUI becomes a felony, and ignition-interlock rules.
- How Does Bond Work in Nebraska? Bail and Pretrial Release Explained
Nebraska bail and bond explained: Constitutional bail with judicial amount setting. Types of release, what judges consider at a bail hearing, forfeiture risks, and linked Nebraska opinions under Neb. Rev. Stat. §§ 29-901 to 29-906.
- How Does Eviction Work in Nebraska?
Nebraska eviction / Forcible entry and detainer / landlord-tenant action under Neb. Rev. Stat. §§ 76-1401 et seq. (URLTA); forcible entry and detainer provisions: notices, filing forum, timeline to a writ of possession, and common tenant defenses.
- 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…
- How to File a Lawsuit Without a Lawyer in Nebraska: Pro Se Litigation Guide
A practical Nebraska guide to representing yourself: what statutes, cases, and rules are; how to draft and file a complaint; how service and JUSTICE / Nebraska eFiling registration work; discovery; evidence; and how LawDiver helps you research authorities in the corpus.
- How to File for Divorce in Nebraska
Nebraska divorce filing guide: At least one party must have resided in Nebraska for 1 year before filing, with venue in the county of residence for a set period. equitable distribution; linked statutes and process overview.
- How to Get a Prison Sentence Reduced in Nebraska
Paths to shorten or correct a Nebraska prison sentence under Neb. Rev. Stat. §§ 29-3001 to 29-3004: modification motions, good-time credits, parole, and post-conviction relief — with linked Nebraska opinions.
- How to Modify Alimony in Nebraska
Step-by-step guide to modifying alimony in Nebraska under Neb. Rev. Stat. § 42-365: changed-circumstances standards, retirement and cohabitation rules, when changes take effect, and the cases that matter.
- How to Modify Child Support in Nebraska
Step-by-step guide to modifying a Nebraska child support order under Neb. Rev. Stat. § 42-364; Nebraska Child Support Guidelines § 4-217: what counts as a change in circumstances, when changes take effect, and the cases that matter.
- Is Abortion Legal in Nebraska?
Nebraska abortion law after Dobbs: gestational limit. Approximately 12 weeks of gestation (post-fertilization), with limited statutory exceptions.. Linked statutes and Nebraska opinions.
- 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 Evidence Law: Admissibility, Hearsay, and Authenticity
A practitioner guide to Nebraska evidence law under the Nebraska Evidence Rules (Neb. Rev. Stat. §§ 27-101 et seq.): general admissibility, character evidence, hearsay and its workhorse exceptions, unavailable declarants, depositions at trial, party admissions, dying declarations, medical statements, and a dedicated authenticity section — with case and statute links in the LawDiver corpus.
- Nebraska Expungement and sealing, Section by Section
Nebraska expungement and sealing begins with Neb. Rev. Stat. § 29-3004, victim of sex trafficking; motion to set aside conviction or adjudication; procedure; court; findings; considerations; hearing; order; effect. This guide follows that petition, the records that travel under a different section, and the opinions
- 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. …
- Security Deposit Return in Nebraska
How Nebraska landlords must handle residential security deposits under Neb. Rev. Stat. § 76-1416: limits, return deadlines, and wrongful-withholding remedies.
- 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 …
- What Happens If I Refuse a Breathalyzer Test in Nebraska?
Nebraska implied-consent consequences for refusing a chemical breath or blood test under Neb. Rev. Stat. § 60-6,197, including license suspension and evidence use.
- 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…