When people hear QDRO they think of divorce. But to the surprise of many there is no statutory requirement that a married couple divorce each other in order to transfer ERISA plan assets (usually a 401(k)) from one spouse to the other. The words "divorce" and "separation" do not even appear in ERISA.
I am one of the few attorneys in the country and the only one in Nebraska who can work this legal magic. And magic it can be as one married couple in the South was able to protect over $23,000 per year from the nursing home.
I spent over 100 hours researching and writing to adapt the In-Marriage QDRO to Nebraska law after I learned of it in ...
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Nursing Home Arbitration Clause Valid in Nebraska.
Mark Heineman of Dodge County filed a personal injury lawsuit against The Evangelical Lutheran Good Samaritan Society. The nursing home moved to dismiss the lawsuit and compel arbitration. The Nebraska Supreme Court agreed with the nursing home.
The court found that the contract containing the arbitration clause was supported by mutual consideration even though there was a suggestion that the nursing home did not arbitrate all disputes.
The arbitration clause was also not contrary to existing Nebraska public policy or law. There is a 2016 federal regulation prohibiting "a pre-dispute agreement for binding arbitration" but that ...
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The Failed Four Million Dollar Handwritten Will
On May 22, 2014, Brian L. Tiedeman of Lancaster county met with his lawyer on trust administration matters. Tiedeman wanted to change or make a new will. His lawyer told him to make another appointment on the will matter. As a stop-gap measure and in the presence of his lawyer, he wrote:
"5-22-14
I Brian L Tiedeman want all my
All Property to Dustin Lovorn
I here by attend to change my will.
[Signature]"
There was no other appointment with his lawyer and Tiedeman passed away on February 24, 2015.
Lovorn sought to probate the handwritten will. Both the district court and the Nebraska Supreme Court held the document was not a valid ...
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