I always tell people that they have no right to an inheritance from a parent. I also tell people that debt comes before equity. All creditors must be paid by an estate before people listed in a will or trust get a dime.
That being said, you can disinherit a child but if you do so it has to be done correctly. The best way is to mention the child by name and then state that the child is to receive nothing or a token amount. It is not a good idea to list why this decision was made. In some cases, the child has received money from the parent during the parent's life.
In a recent case out of Douglas County, the deceased did not mention his ...
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Pay your sisters!
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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