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Omaha Law Blog

Have you protected your estate from unexpected lawsuits?

Estate planning is all about asset protection. You've worked hard for the things that you have, so it's natural to want to pass your legacy along to your heirs. However, you could be leaving your heirs with nothing if you don't take steps to protect your estate against lawsuits -- which can continue even past your death.

Most people don't think about lawsuits when they're making their estate plans -- but almost everyone is vulnerable. If you're a business owner, for example, a lawsuit focused against your business could leave your personal assets exposed -- unless your business is formed in such a way that your private assets are protected.

Should you change your name after divorce?

A sense of relief may wash over you once the divorce proceedings are over. However, as soon as this done, a woman's attention may turn to getting her old name back. It certainly makes sense because she does not want any reminders of her ex-husband around, but there are considerations to make. 

If you want to go through a name change, then you will need to submit all the proper paperwork on time and that you do everything correctly. You have spent months in one legal entanglement, and you do not want to end up in another. However, before you go through it, there are a few questions you need to ask yourself. 

Take these steps to protect your spouse after your death

A lot of estate planning centers around protecting your loved ones after you are no longer here with them. However, it's easy to overlook a few simple -- but very important -- things that you can do to protect your spouse and family if you are the one who handles the family finances.

A lot of couples divide up the household tasks -- leaving one person with the primary responsibility of handling the money. There's nothing wrong with that. However, if you die, your spouse could be left adrift. To prevent that, take the following steps:

Judge orders adult son out of long-suffering parents' home

A pair of New York parents took the unusual step of suing their adult son for eviction after he refused to move out of their home.

While a lot of parents have had trouble getting their "failure to fly" nestlings to move out of the home as young adults, that sort of thing usually gets resolved by the time parents start leaving polite notes that say, in essence, "Get out."

These errors with estates are disasters-in-the-making

You probably already know that dying without a will is a huge error -- one that could leave your loved ones in a financial and legal limbo for quite a while as your estate goes through probate.

However, there are several other mistakes you can make while crafting an estate plan that also spell disaster. Experts say that the biggest ones include:

Kurt Cobain's daughter loses his guitar in divorce settlement

Kurt Cobain was arguably the most influential musician of the 1990s -- and his acoustic guitar is almost as famous.

That makes it all the more startling that it now belongs to the ex-husband of his daughter, Frances Bean.

What if I am named executor but live many states away?

Someone has died and named you the executor of his or her estate. One big problem is that you live many states away. Technically, this is not an issue because Nebraska has no special requirements for executors who live out of state. Many other states obligate executors to follow requirements such as posting bonds and working with someone in the state.

Being an executor can be a demanding and exhausting job, and living out of the region has the potential to make matters more complicated. Here is a look at your options if someone designates you as an executor.

Can you sue someone who is deceased?

Most people assume that death will end a person's legal woes -- but that isn't always the case. Some lawsuits can easily survive the defendant's death -- and some can even start after an individual dies!

Most people don't think of estates this way, but they're really legal entities under the law. Because of this, they are treated like a person for many purposes -- including when it comes to lawsuits. If an estate is sued in a timely manner, all of the assets in the estate may be held up pending the disposition of the lawsuit.

What are the benefits of a legal separation?

A legal separation is sometimes used as a stepping stone to divorce -- although, for many couples, it may be a good alternative instead.

Legal separations don't dissolve the actual marriage but they do create some distance. They generally allow couples to build separate lives and can even include provisions for spousal support, child support and visitation agreements.