Atkinson Wills & Probate Lawyer, Nebraska


Includes: Estate Administration, Living Wills, Wills

Andrew John Hoffman

Real Estate, Agriculture, Estate Planning, Business & Trade
Status:  In Good Standing           

John Winter

Trusts, Workers' Compensation, Employment, Family Law
Status:  In Good Standing           Licensed:  57 Years

Steven A. Brewster

General Practice
Status:  Inactive           Licensed:  29 Years

James D. Gotschall

Commercial Real Estate, Real Estate, Trusts, Estate
Status:  In Good Standing           
Speak with Lawyer.com

Boyd W. Strope

Agriculture, Federal Appellate Practice, Trusts, Corporate, Personal Injury
Status:  In Good Standing           

Rodney W. Smith

Juvenile Law, Criminal, Civil Rights, Credit & Debt
Status:  In Good Standing           

Ashley De Boettcher

General Practice
Status:  In Good Standing           

Janet L. Krotter Chvala

Trusts, Elder Law, Business & Trade, Business
Status:  In Good Standing           

Brent M. Kelly

Juvenile Law, Federal Appellate Practice, Administrative Law, Elder Law
Status:  In Good Standing           

Thomas P. Herzog

Estate Planning, Natural Resources, Family Law, Credit & Debt
Status:  In Good Standing           

Free Help: Use This Form or Call 800-943-8690

Member Representative

Call me for fastest results!
800-943-8690

Free Help: Use This Form or Call 800-943-8690

By submitting this lawyer request, I confirm I have read and agree to the Consent to Receive Email, Phone, Text Messages, Terms of Use, and Privacy Policy. Information provided is not privileged or confidential.


Free Help: Use This Form or Call 800-943-8690

Member Representative

Call me for fastest results!
800-943-8690

Free Help: Use This Form or Call 800-943-8690

By submitting this lawyer request, I confirm I have read and agree to the Consent to Receive Email, Phone, Text Messages, Terms of Use, and Privacy Policy. Information provided is not privileged or confidential.

TIPS

Easily find Atkinson Wills & Probate Lawyers and Atkinson Wills & Probate Law Firms. For more attorneys, search all Estate areas including Estate Planning, Trusts and Power of Attorney attorneys.

LEGAL TERMS

ALTERNATE BENEFICIARY

A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to ... (more...)
A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to take the property. For example, in his will Jake leaves his collection of sheet music to his daughter, Mia, and names the local symphony as alternate beneficiary. When Jake dies, Mia decides that the symphony can make better use of the sheet music than she can, so she refuses (disclaims) the gift, and the manuscripts pass directly to the symphony. In insurance law, the alternate beneficiary, usually the person who receives the insurance proceeds because the initial or primary beneficiary has died, is called the secondary or contingent beneficiary.

INHERITANCE TAXES

Taxes some states impose on people or organizations who inherit property from a deceased person's estate. The taxes are based on the value of the inherited prop... (more...)
Taxes some states impose on people or organizations who inherit property from a deceased person's estate. The taxes are based on the value of the inherited property.

INTESTATE SUCCESSION

The method by which property is distributed when a person dies without a valid will. Each state's law provides that the property be distributed to the closest s... (more...)
The method by which property is distributed when a person dies without a valid will. Each state's law provides that the property be distributed to the closest surviving relatives. In most states, the surviving spouse, children, parents, siblings, nieces and nephews, and next of kin inherit, in that order.

POUR-OVER WILL

A will that 'pours over' property into a trust when the will maker dies. Property left through the will must go through probate before it goes into the trust.

DEVISEE

A person or entity who inherits real estate under the terms of a will.

ESTATE TAXES

Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and... (more...)
Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and whether or not it goes through probate after your death, is subject to federal estate tax. Currently, however, federal estate tax is due only if your property is worth at least $2 million when you die. The estate tax is scheduled to be repealed for one year, in 2010, but Congress will probably make the repeal (or a very high exempt amount) permanent. Any property left to a surviving spouse (if he or she is a U.S. citizen) or a tax-exempt charity is exempt from federal estate taxes. Many states now also impose their own estate taxes or inheritance taxes.

ADEMPTION

The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she di... (more...)
The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she dies. Often this happens because the property has been sold, destroyed or given away to someone other than the beneficiary named in the will. A bequest may also be adeemed when the will maker, while still living, gives the property to the intended beneficiary (called 'ademption by satisfaction'). When a bequest is adeemed, the beneficiary named in the will is out of luck; he or she doesn't get cash or a different item of property to replace the one that was described in the will. For example, Mark writes in his will, 'I leave to Rob the family vehicle,' but then trades in his car in for a jet ski. When Mark dies, Rob will receive nothing. Frustrated beneficiaries may challenge an ademption in court, especially if the property was not clearly identified in the first place.

FUNDING A TRUST

Transferring ownership of property to a trust.

TESTAMENTARY TRUST

A trust created by a will, effective only upon the death of the willmaker.

SAMPLE LEGAL CASES

In re Estate of Chrisp

... In February 2005, Gail filed a petition for formal probate in a supervised administration. In March 2005, the county court admitted Chrisp's will to probate, and Gail accepted appointment as the estate's personal representative. ... (b) "Estate" in § 30-2314 Means "Probate Estate". ...

In re Estate of Cooper

... ANALYSIS. The Filing of a Statement of Claim in a Probate Proceeding Does Not Constitute the Practice of Law. ... The Filing of a Demand for Notice in a Probate Proceeding by an Attorney Not Licensed to Practice Law in This State Is Not the Unauthorized Practice of Law. ...

Clark v. Clark

... transfer. Article 27 of the Nebraska Probate Code governs nonprobate transfers. [2] Section 30-2715 provides: ... [6] Therefore, we do not address this assignment of error. FILING OF CLAIM IN PROBATE OF LIBBIE'S ESTATE. Finally ...