Nebraska Affidavit in Support of Motion for Release of Joint Owners' Property from Attachment

State:
Multi-State
Control #:
US-03320BG
Format:
Word; 
Rich Text
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Description

An affidavit must be in writing and be sworn to or affirmed before some legally authorized officer. Statutes of various jurisdictions ordinarily prescribe various formal requirements for the affidavits. These requirements may be just proper form or may be essential as to the legal effect of the affidavit.


It is essential to the validity of an affidavit that it be sworn to, or affirmed before, a notary public or some other officer authorized to administer oaths or affirmations. This may be done by having the officer administer the oath to the affiant or by having the affiant affirm to the officer, with the officer's consent, the truth of the matters contained in the affidavit. It is also essential that the affiant be identified as to name, residence and, where appropriate or required by law, as to status or capacity. This is ordinarily done in the introductory paragraph to the affidavit.

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FAQ

What Is a Small Estate? Nebraska Revised Statute §30-24, 125 recites the guidelines. Basically, if a decedent's estate involves less than $50,000 in probatable personal property and/or $50,000 or less in real estate, no probate is required.

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.

You must file the affidavit with the register of deeds office of the county in which the real property of the deceased is located and also file, in any other county in Nebraska in which the real property of the deceased that is subject to the affidavit is located, the recorded affidavit and a certified or authenticated ...

Report the summed total of the Nebraska Decedent's property (after the estate has paid its Creditors). It is important that this figure (the total worth of the Nebraska Decedent's estate) is less than $100,000.00.

You must file the affidavit with the register of deeds office of the county in which the real property of the deceased is located and also file, in any other county in Nebraska in which the real property of the deceased that is subject to the affidavit is located, the recorded affidavit and a certified or authenticated ...

In order to obtain Letters Testamentary, an interested party (typically the nominated executor under the will) must petition the Surrogate's Court and provide pertinent information regarding the decedent, relevant parties (spouse, children, etc.), and the decedent's assets.

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

In Nebraska, you can make a living trust to avoid probate for virtually any asset you own?real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).

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Nebraska Affidavit in Support of Motion for Release of Joint Owners' Property from Attachment