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I have a query about a situation where a person with a traumatic brain injury, diagnosed with chronic traumatic encephalopathy (CTE), left a recorded voice message that was interpreted as a threat. They went to bed afterward and were arrested the next day. This person has had previous interactions... View More 
answered on Feb 25, 2025
It is unfortunate that person was arrested, but the standard for arrest is simply probable cause that a crime occurred. The Fourth Amendment mandates that an arrest be justified by probable cause to believe that a person has committed or is committing a crime. A person commits the crime of... View More
I own a rental property and I'm considering transferring it under my newly formed LLC. I haven't consulted anyone about this yet. My main concerns are tax benefits and business advantages. Specifically, I want to know if there would be more tax advantages or potential expense write-offs... View More
answered on Feb 17, 2025
Have you tried reaching out to the Nebraska Business Development Center through the University of Nebraska? You can request a free consultation to learn more about business planning and development:... View More
I own a rental property and I'm considering transferring it under my newly formed LLC. I haven't consulted anyone about this yet. My main concerns are tax benefits and business advantages. Specifically, I want to know if there would be more tax advantages or potential expense write-offs... View More
answered on Mar 3, 2025
I was just talking with a CPA on this very issue today. There are, in my opinion, a number of reasons to consider an LLC with the leasing of real property. First reason, however, is limited liability and protection of personal assets. Second, while an LLC does not have corporate formalities, the... View More
I owned a home in Nebraska before marriage, where we lived after getting married. We later moved to another home. I purchased the initial home for $200,000, and at the time of marriage, its assessed value was $250,000, with a remaining mortgage of $150,000. There was no prenuptial agreement, and... View More
answered on Feb 15, 2025
Well, it depends. Did your spouse contribute to increasing the home value? Pay for renovations? Did marital money (any income earned by either spouse in marriage) get spent to increase value or pay on mortgage? What is the total monies in marital estate and money available to both sides? Are there... View More
I owned a home in Nebraska before marriage, where we lived after getting married. We later moved to another home. I purchased the initial home for $200,000, and at the time of marriage, its assessed value was $250,000, with a remaining mortgage of $150,000. There was no prenuptial agreement, and... View More
answered on Feb 17, 2025
The burden to prove a pre-marital asset or pre-marital equity is on the spouse claiming the pre-marital equity. The more you can show that that the asset/equity has been kept separate and is traceable to the pre-marital asset/equity, the easier it is to convince the judge to award you the... View More
answered on Jan 28, 2025
In Nebraska child support generally ends at 19 years old when the child becomes an adult under the law. In some cases parents may extend this by agreement such as for special needs children who will require care as adults. If you are paying on arrearages (past due), the answer is no- all support... View More
answered on Jan 27, 2025
Child support generally terminates when a child reaches the age of majority. In Nebraska, the child support ends when a child turns 19 years old. If you did not make the child support payments timely when the children were minors, you will still owe the back child support, including the... View More
If someone is arrested on a warrant for auto theft and drugs are found on them, but the auto theft charge is dismissed because he didn't commit the crime, did the police have probable cause to search him?
answered on Jan 22, 2025
It would still be possible to have probable cause even if the related charge was ultimately dismissed. You would have to look at the overall factors. Potentially probable cause could still exist. The defendant would want to review and discuss with the criminal defense attorney a possible motion... View More
answered on Jan 22, 2025
If a person is legally incompetent, you can file a guardianship and/or conservatorship action to ask for the court to grant another person legal authority (guardianship) to assist the protected person. You would need to contact local counsel to find out the retainer for the guardianship action.... View More
answered on Jan 21, 2025
Your best bet to get this question answered would be to schedule a confidential consultation with an attorney who regularly handles guardianship in the location in question. How much a court case costs depends on a number of factors, including whether anyone is likely to contest the matter;... View More
Two 20-life charges how much time will I have to do
answered on Jan 20, 2025
He needs to speak with his criminal defense attorney. The charges inform you of the minimum and maximum potential penalties. The likelihood that he will be convicted or the actual range of the likely sentence depends on the specific facts. If it looks like he will likely be convicted, it is not... View More
My girlfriend’s mom is trying to force my girlfriend to file a protection order against me because I snuck over to her house with my girlfriend’s consent. We are both minors. I don’t know if she can do this especially because I did nothing wrong.
answered on Jan 20, 2025
A parent can generally file for a protection order on behalf of their child. The child doesn't have to consent to the parent filing on their behalf. The Court can grant the protection order over the child's objection if the Court believes that the protection order is in the child's... View More
Executor is husband of 2 years and he said he gets all but the 5k to each kid after agreeing that they would split it 4 ways before the settlement
answered on Jan 20, 2025
If a person passes away that had a civil judgment, the proceeds generally go to the estate of the deceased. The funds then apply in generally the same way as other funds are processed in the estate (with some exceptions). This includes resolving creditors and then paying out the remaining funds... View More
My boyfriend and I work for the same company, he’s a manager and I’m on the other end of the food chain. I put in my two weeks notice, plan on working it out fully, but after so many years of bull happening there, I thought the higher ups should know what’s happening. Not that I think... View More
answered on Jan 20, 2025
Nebraska is an at-will employment state. Unless you have a contract otherwise, an employer can generally fire an employee without cause, so long as not for a legally discriminatory purpose (think race, religion, etc.). If you are considering making a complaint that may cause your significant... View More
What’s happened is I got served from a creditor so I put in an an answer and denial, that my credit has reached the statute of limitations in Nebraska my last payment was may of 2018. I received and letter with a trial date for the month of April 2025 but the plaintiff still managed to get a... View More
answered on Jan 20, 2025
There isn't a form for this, at least not one approved by the Courts. What you draft depends on the specifics of your case and what you are requesting.
Reviewing the Nebraska Court Rules of Appellate Practice may be a good place to start.... View More
Use over 50 years, no access and consent withdrawn.
answered on Jan 20, 2025
If there is a valid easement, then normal use pursuant to the legal easement may be allowed, even if it does create some normal wear and tear (to some extent). If you want to get rid of a valid easement, you may have to buy the rights, the same as you would other types of real estate interests.... View More
What form(s) to file
answered on Jan 20, 2025
In Nebraska, the protection order can include a pet. Once you are served with the protection order, you need to promptly file a request for hearing. At the hearing, you can present your evidence regarding your ownership of the pet and ask for the pet to be returned, along with otherwise refuting... View More
answered on Jan 20, 2025
Legal Aid put together a Handbook a few years ago to help out landlords and tenants that are representing themselves or looking for more information and resources. Some of the information is now a little dated but it is still a good place to start for information or contacts for help.... View More
I was initially doordashing my app glitched I had to uninstall and reinstall during that time a store employee accused me of shoplifting. I gave them the door dash bag. They asked for my id I had to go to my car to get it. Came back in the took me to a security office and said they were waiting for... View More
answered on Jan 20, 2025
If your defense against the shoplifting charge is that you were picking up the items due to being assigned to do so for someone via an app, such as Door Dash, then you need to get the records from Door Dash to show that there was an order for the items assigned to you. Even if you no longer have... View More
I did not have them sign a lease, as this is my first time being a landlord.
answered on Nov 18, 2024
Nebraska Legal Aid put together a handbook with some of the more common questions for landlords and tenants in Nebraska. Some of the information is now a little data but it still has a lot of good information and resources.... View More
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