Reisinger Booth & Associates, P.C., L.L.O.

Omaha Legal Blog

Five steps to help you start a business

Starting a business gives you the opportunity to turn your passion into a full-time career. Maybe you have a great idea for a wonderful new product, or you have an innovative way to offer a service. Even though you are excited about your new business, you also likely feel a little overwhelmed with everything you must do. Here are six steps to help you get your business off on the right foot.

Learn more about contesting a will based on 'undue influence'

How do you prove "undue influence" affected a deceased loved one's mind and caused that person to alter his or her will? After all, you can bet that the person who exerted that influence was careful to do it in private, away from the eyes of friends and family members who might have questions about their motives. You can also bet that person isn't going to admit in court, when asked, that he or she committed a calculated act of constructive fraud by pressuring or manipulating the deceased into altering the will in question.

Given those difficulties, how can anyone hope to contest a will based on undue influence and win?

Debt and divorce: How to get a grip on this tricky issue

Everyone knows that divorce is expensive. After the divorce is over, however, you also have to cope with the fact that your total household income is going to be reduced without your spouse's contributions.

The wise (wo)man in this situation will start to consider what to do about the marital debt before the divorce actually gets filed. While everyone's situation is a little different, here's what you should do about your debt before you actually divorce:

Recognize when it's time to contest a power of attorney

If your aging parent gave one of your siblings (or someone else) their powers of attorney for medical and financial decisions, and you think it was a bad decision, should you contest the issue in court?

It depends. There are a number of different things that you have to take into consideration before you can make that decision, including the effect that a legal dispute may have on your family, your own personal feelings about assuming the responsibility and whether or not there are alternative ways to resolve the issues you have.

Does Nebraska allow handwritten wills?

Traditionally, wills are the number one way that one generation passes its wealth to the next -- which is why the exact form a will can take is the subject of numerous laws and regulations that vary greatly from state to state. In many states, holographic wills -- wills that are handwritten by the testator rather than typed documents prepared by an attorney -- aren't even legal.

In Nebraska, however, they are. Typically, the main difference between a normal will and a holographic will is that the standards for what makes a holographic will valid are somewhat relaxed. A holographic will does not have to be witnessed, so long as the signature of the testator is present and material portions are in the testator's own hand.

3 post-divorce steps every parent needs to take

If you've recently finished your divorce, you're probably ready to breathe a big sigh of relief -- but there's actually a few more "housekeeping" chores that need to be done.

Here the major post-divorce tasks that you need to handle as soon as possible:

Post-divorce modifications: Negotiating with your ex

A divorce agreement is often a snapshot in time. It reflects the best agreement that someone could make at a given time regarding things like custody and support. However, things change. Children grow. What worked in the past may not make much sense in the present.

So, how do you approach your ex-spouse about modifying the agreement you have? Naturally, the last thing you want to do is end up in a protracted court battle (again) over the kids or child support. Here are some tips that you can use to start negotiations:

Your divorce and estate planning

Were you one of the many people who rushed to divorce in 2018 before the new tax laws affecting spousal support were put in place? If so, you may have neglected a few important tasks. Specifically, it's time to revisit your estate plans.

Here are the top things that experts suggest you need to keep in mind when doing your post-divorce estate planning:

Parenthood brings the need for a will

As a young family with a new baby or young children, you have plenty of things to worry about. Typically, an estate plan and will isn't one of them. However, it might be one of the more important things you do for your children. It's a hard subject to talk about, but who will care for your children if you and your spouse were to die?

Often, new parents either don't think about establishing a will or put it off for another time. A will is often associated with an end-of-life plan for older people, so young people think it irrelevant to them. Having an estate plan that designates a guardian for your child in the event of your death and plans for your assets is an important part of caring for your family.

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Reisinger Booth & Associates, P.C., L.L.O.

7602 Pacific Street, Suite 222
Omaha, NE 68114

Phone: 402-983-8213
Fax: 402-457-6309
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