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Nebraska Probate Laws

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carriebrown01

Junior Member
What is the name of your state (only U.S. law)? Nebraska

My brothers father passed away suddenly while they were out of state this past week. My mother and his father are divorced and have been for many years. My brother is just barely 18 and is heading back to Omaha now but doesnt know if his father had a will and we are guessing not. My question is what are the next steps to be taken. And also his fathers side of the family is trying to get them to sign over his rights to his fathers brother who also doesnt live in Nebraska.His fathers brother is planning on going to Nebraska to remove things from his fathers house. What are the laws and if this is done and he has no will what will be consequences. My brother has no clue what to do and if anyone can help me PLEASE!!!

Carrie Brown
 
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anteater

Senior Member
If there is no surviving spouse, your brother is the only child, and there is no valid will, then your brother is entitled to the entire probate estate.

And also his fathers side of the family is trying to get them to sign over his rights to his fathers brother...
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What rights are you referring to? Your brother's right to inherit? Your brother's right to initiate probate and petition the court for appointment as the estate's personal representative? While your brother would probably be given preference by the court for that appointment, unfortunately, it does not appear that he qualifies yet:
(f) No person is qualified to serve as a personal representative who is:

(1) under the age of nineteen;

(2) a person whom the court finds unsuitable in formal proceedings.
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Until the court appoints a personal representative, nobody really has the right to take the deceased's property, There may be exigent circumstances where the court will overlook removal of property in order to safeguard the property until probate proceedings are commenced. Still, and I know that it may be tough for an 18 year-old, your brother may want to fire a shot across his uncle's bow by making it clear that the uncle should not be removing any property.
 
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Dave1952

Senior Member
It is not unusual for folks to die without a last will and testament. The State in which the father resided (Nebraska?) will have laws covering intestate inheritance (no will). These laws are usually fairly easy to Google. The son is certainly an heir if there is no will.
Right now grieving and a funeral are in order.
Then someone needs to apply at the probate court for executor status. After that the executor needs to secure the assets of the estate, notify folks of the death, pay off the estates debts, and distribute the remainder to the heirs via the probate court. Don't forget that the funeral is a debt of the estate. Don't forget taxes. It is not unusual to make the effort to see that each interested family member gets a remembrance, something personal of the father. The brother of the father is not an heir if there is no will and should be discouraged from planning to remove the estate's assets.
Depending on the size of the estate an estate lawyer may be a good idea.

Good luck
 
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carriebrown01

Junior Member
Thanks for all the responses. My Brother had his father cremated in California. His fathers residence is Nebraska.

The rights that i was asking about were that since 1 he is under the legal age in Nebraska (which is 19) does then the court appoint a non involved party to make sure things go the right way and nothing is done that can come back to haunt anyone.

The only is now thank god not removing any property i will be in Omaha tomorrow to get the right paper and fly back to nashville were we all live now. I appreciate all the advice. So basically i will just have to get him to file that there is no will if we dont find one at the house correct? Then go to probate court
 
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anteater

Senior Member
Here is part of the statute regarding appointment as personal representative:

30-2412. Priority among persons seeking appointment as personal representative.

(a) Whether the proceedings are formal or informal, persons who are not disqualified have priority for appointment in the following order:

(1) the person with priority as determined by a probated will including a person nominated by a power conferred in a will;

(2) the surviving spouse of the decedent who is a devisee of the decedent;

(3) other devisees of the decedent;

(4) the surviving spouse of the decedent;

(5) other heirs of the decedent;

(6) forty-five days after the death of the decedent, any creditor.

(b) An objection to an appointment can be made only in formal proceedings. In case of objection the priorities stated in (a) apply except that

(1) if the estate appears to be more than adequate to meet exemptions and costs of administration but inadequate to discharge anticipated unsecured claims, the court, on petition of a creditor, may appoint any qualified person;

(2) in case of objection to appointment of a person other than one whose priority is determined by will by an heir or devisee appearing to have a substantial interest in the estate, the court may appoint a person who is acceptable to heirs and devisees whose interests in the estate appear to be worth in total more than half of the probable distributable value or, in default of this accord, any suitable person.

(c) A person entitled to letters under (2) through (5) of (a) above, and a person aged eighteen and over who would be entitled to letters but for his age, may nominate a qualified person to act as personal representative. Any person aged eighteen and over may renounce his right to nominate or to an appointment by appropriate writing filed with the court. When two or more persons share a priority, those of them who do not renounce must concur in nominating another to act for them, or in applying for appointment....
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