Dad's will provided that his wife would have a life estate in 200 acres of Buffalo County, Nebraska real estate. Smart move as that meant that the full value of the real estate was not in her estate for Medicaid purposes. In fact, the Unicameral closed this loophole in 2017 but there are still ways for mom to qualify for Medicaid without becoming impoverished.
Dad's will also provided that his son had a remainder interest in the real estate subject to paying 40% of the appraised value to his sisters. There was an equitable lien on the real estate too if the brother didn't pay his sisters. After Dad died and his will probated, a Deed of ...
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Property Law Professor Awarded “Genius” Grant
The MacArthur Foundation awarded a grant to former University of Wisconsin law professor Thomas Wilson Mitchell. Professor Mitchell is the driving force behind the Uniform Partition of Heirs Property Act of 2010. This Uniform Act has been introduced in Nebraska, but no action has yet been taken.
The problem is that some people die without a will and then the real estate is not probated. Heirs then end up as tenants in common. In some cases, a stranger will purchase an undivided interest in the real estate and force a partition sale. Not good!
Another solution is a quiet title action. I had to file one in Saunders County and there were ...
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With a will (or revocable trust), one can instruct the fidicuiary not to sell real estate.
The will of Beverly Freiden stated that real property at 18th and Jackson Street in Omaha "may either be sold or retained by my personal representatives as they shall determine."
The estate was informally closed in the probate court and no Personal Representative's deed was issued. Neb. Rev. Stat. Section 30-24,104(a) states that "unless a contrary intention is indicated by will, the distributable assets of a decedent's estate's shall be distributed in kind to the extent possible."
The Nebraska Supreme Court held that the real estate remained in the estate of Beverly Freiden. Normally a deed is required to convey real estate, but the ...
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