Nebraska Agreement Between Widow and Heirs as to Division of Estate

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State:
Multi-State
Control #:
US-01110BG
Format:
Word; 
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Instant download

Description

Agreements among family members for the settlement of an intestate's estate will be upheld in the absence of fraud and when the rights of creditors are met. Intestate means that the decedent died without a valid will. The termination of any family controversy or the release of a reasonable, bona fide claim in an intestate estate have been held to be sufficient consideration for a family settlement.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

30-2209. General definitions. (1) Application means a written request to the registrar for an order of informal probate or appointment under part 3 of Article 24.

30-2322. Homestead allowance. A surviving spouse of a decedent who was domiciled in this state is entitled to a homestead allowance of seven thousand five hundred dollars for a decedent who dies before January 1, 2011, and twenty thousand dollars for a decedent who dies on or after January 1, 2011.

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.

If every one of the children are that of the decedent and surviving spouse, the spouse inherits $100,000 of the estate and half of the estate's balance. But should any of the decedent's children be from a person other than the spouse, his or her share will fall to just half of the estate.

Your surviving spouse inherits the first $100,000 of your intestate property, plus 1/2 of the balance. Example: Bill is married to Karen, and they have two grown children.

You may be able to avoid probate in Nebraska if you: Establish a Living Trust. Title assets in Joint Tenancy.

You may be able to proceed without Probate if: the fair market value of the entire estate of the deceased, less liens and encumbrances (everything the deceased owned minus everything the deceased owes) is $100,000.00 or less. thirty days or more have passed since death. you are not a creditor to the estate.

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Nebraska Agreement Between Widow and Heirs as to Division of Estate