Probate Administration | Boyum Law Probate Lawyer Nebraska
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Probate Administration

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Thanks for visiting this page. Your are here likely because you are dealing with probate and/or looking for answers to probate-related questions. You will find the answers here.

As experienced probate attorneys, we at Boyum Law have handled a great variety of probate cases since 2009. In every case, our goal is to ensure that the decedent’s loved ones receive the full amount of assets they’re entitled to.

We don’t just serve our clients, we strive to educate the entire community on the matters of probate. We share our expertise freely on our free online resources.

Get Probate Answers

from a local attorney specializing in probate

 

  • Are you dealing with probate administration after the loss of a loved one?
  • Do you believe your loved one’s assets are not being handled properly by the executor or representative?
  • How can you make the process easier and more fair?

 

We can answer these questions for you.

Fill out the form below to get the answers to your questions, a free case evaluation and a free meeting with the attorney

 

 

 

When is Probate Required?

Probate is required most of the time, though with prior planning, it can be avoided. For instance, if the individual created a living trust, the beneficiary would automatically get the assets within it. It doesn’t need to go through probate. Things with designated beneficiaries or “payable upon death,” clauses like insurance policies and retirement benefits get a pass as well. Small estates in Nebraska don’t need to go through probate, either, but you should check with an attorney to make sure the estate is small enough to avoid going over the threshold. Lastly, property that is held jointly or that has rights of survivorship written into the contract may also bypass probate.

 

 

Probate Process in Nebraska

The probate process in Nebraska is handled differently, largely based upon how well organized the decedent was before his passing and how well the beneficiaries are getting along. There are three different types of probate administration.

Informal Probate

The vast majority of cases in Nebraska are handled under informal guidelines. The court is still very much involved and there is a full process, from appointing an executor or personal representative, to notifying creditors and beneficiaries, having an inventory and valuation of assets made, distributing the assets, and formally closing with the courts.

Unsupervised Formal Probate

When there are disputes amongst beneficiaries or creditors are asking for funds, the court will want to monitor the probate administration more closely. There will be more steps in court, and the judge will have to give his approval before certain things, like selling assets, can be done.

Supervised Formal Probate

During supervised formal probate, the judge is involved in everything and issues orders before any action can be completed. It’s a lengthier process and how the estate is managed is often totally out of the hands of beneficiaries.

Why You Need a Probate Lawyer

Even informal probate can be challenging, simply because there are so many steps and legal documents to complete. Hiring an attorney to handle the process can help ensure that no steps are missed and that everything is done in a timely manner, so that the beneficiaries receive their allotments quickly and that no assets are lost to errors. With either form of formal probate, the time in court and the number of legal documents that need to be completed go up exponentially. Moreover, beneficiaries can lose assets based on a judge’s decision, so it’s important to be represented if it comes to this.

 

 

What Issues Can Arise?

Aside from probate administration assistance, Boyum Law can handle numerous things related to probate, such as:

Will Contests: When someone wants to question the validity of a will or wants to see that a will is upheld when another person is contesting it, it’s important to have an experienced attorney.

Undue Influence: Wills may sometimes be contested because certain parties are suspected of pressuring the decedent into awarding an unfair amount. In many cases, the person accused of undue influence is a new spouse or a caregiver.

Fraudulent Wills: If a will is believed to be faked or altered, the case will go before a judge and all parties involved may require legal assistance.

Inheritance Fraud: The probate process was designed to prevent inheritance fraud, but when certain parties are believed to have taken property without doing an inventory or of taking property that didn’t belong to them, an inheritance fraud claim may be made.

Guardianship Disputes: When an individual does not have a living will that stipulates who will become the guardian, multiple family members or loved ones may step forward to take the position. Guardianship disputes may also occur if someone feels that the individual is not being treated fairly or properly by the guardian who has been appointed.

 

 

 

Want to Know Your Options?

Are feeling overwhelmed with probate or simply want to discuss your case and learn about your options?

Fill out the form below.

Once you fill out the form, we will contact you shortly to get your case evaluation started.

Then, at the complimentary consultation, we will go over the case evaluation and your options with you.

Then you can decide whether you want to work with us.