Reisinger Booth & Associates, P.C., L.L.O.Reisinger Booth & Associates, P.C., L.L.O.2026-06-09T14:21:19Zhttps://www.reisingerlaw.net/feed/atom/WordPress/wp-content/uploads/sites/1404887/2025/09/cropped-siteIcon-32x32.jpgOn Behalf of Reisinger Booth & Associates, PC<![CDATA[When siblings fight over a parent’s estate: Removing a personal representative in Nebraska]]>https://www.reisingerlaw.net/?p=469742026-06-09T14:21:19Z2026-06-09T14:21:19ZA parent's death is hard enough without adult siblings turning the estate into a battleground. Conflict over who runs the estate can quickly grow into legal disputes that harm family bonds for years.
Personal representatives may fail in their duties or co-executors could feud. In these cases, Nebraska law gives affected family members real options. Knowing those options could make a real difference for your family during an already tough time.
What are the grounds for removing a personal representative in Nebraska?
The Nebraska probate code outlines clear grounds for removing an executor. Knowing them starts with knowing what the law expects from someone in that role:
Breach of fiduciary duty: A breach of fiduciary duty by a personal representative ranks among the most serious grounds for removal under state law.
Hiding or mismanaging assets: Many families ask whether a sibling can sue an executor for hiding estate assets. Nebraska law says yes because concealing or misappropriating property can lead to removal.
Co-executor deadlock: When sibling co-executors cannot agree in Omaha or anywhere in the state, the estate can grind to a halt and leave beneficiaries waiting for long periods.
Self-dealing: A personal representative who uses their position to benefit themselves at the expense of other beneficiaries may face removal and personal liability.
Failure to communicate: Beneficiaries have a right to timely updates and a personal representative who holds back information may face legal risks under state law.
These issues rarely resolve on their own. Nebraska courts have the authority to step in when they do not.
How does the removal process work in Nebraska? What can families do?
Filing a petition for removal of a personal representative in Nebraska puts the court in a position to act on behalf of the estate and its beneficiaries. This means:
A beneficiary or heir can file a formal petition with the Nebraska probate court outlining the specific grounds for removal
A judge can remove an executor for fighting with siblings when that conflict puts the estate at genuine risk
When joint personal representatives reach a deadlock a court may appoint a neutral party to break the tie or replace the feuding co-executors entirely
Families planning ahead may want to consider alternatives to naming adult children as co-executors — such as a professional fiduciary or a single trusted individual — to prevent these conflicts before they start
Acting early in these situations is crucial. Doing so can produce better outcomes for all those involved.Nebraska law gives families real tools to address a personal representative who falls short of their probate duties. Having the right legal guidance by your side could help protect what your loved one worked a lifetime to build.
]]>On Behalf of Reisinger Booth & Associates, PC<![CDATA[5 estate plan updates to consider during an Omaha divorce]]>https://www.reisingerlaw.net/?p=469692026-06-08T15:04:39Z2026-06-08T14:36:19Z often changes more than your marital status. It can also affect who may make financial and medical decisions for you and who may receive your property if something unexpected happens. In Nebraska, some estate planning documents may stay in effect after you file for divorce. Because of this, many people choose to review their plans soon after filing.
How does Nebraska treat estate planning documents during divorce?
While your divorce moves through the court process, your spouse may still have authority under certain healthcare documents unless you update them. In addition, an older will may still leave property to your spouse during the divorce.Once your divorce becomes final, Nebraska law generally removes provisions in a will that benefit a former spouse. However, those automatic changes may not address every concern. As a result, reviewing your estate plan before the divorce ends may help ensure it reflects your current wishes.
Which estate plan updates may deserve attention?
As your situation changes during divorce, several estate planning documents and financial arrangements may deserve a closer look.
1. Review your financial power of attorney
A financial power-of-attorney allows another person to handle financial matters for you. Under Nebraska law, a spouse's authority under this type of document generally ends when a divorce case begins unless the document says otherwise. Even so, you may want to consider naming a trusted family member or friend to step into that role if needed.
2. Update your healthcare directives
Healthcare powers-of-attorney and living wills usually remain in effect after you file for divorce. Reviewing these documents may help ensure that someone you trust can make medical and end of life decisions for you if you cannot make them yourself.
3. Create a will that reflects your current wishes
A new will may help clarify your wishes while your divorce remains pending. Although Nebraska law may limit your ability to leave a spouse out of your estate before the divorce becomes final, an updated will may better reflect your current goals.
4. Review beneficiary designations carefully
Beneficiary designations often determine who receives life insurance benefits, retirement accounts and certain other assets. In many cases, these designations take priority over instructions in a will. Before making changes, review any temporary court orders in your case because they may limit what changes you can make during the divorce.
5. Separate post filing income when appropriate
You may want to discuss keeping income earned after filing in a separate account. This step may help you organize your finances during the divorce, provided it complies with any court orders that apply to your case.
Why do beneficiary designations deserve special attention?
Beneficiary designations often play a major role in estate planning because they may override instructions in a will. At the same time, temporary court orders may limit changes while your divorce remains pending. Since every situation is different, reviewing those orders before making updates may help reduce the chance of future disputes.
Keep your estate plan aligned with your goals
An Omaha divorce may raise estate planning issues that many people do not expect. Although Nebraska law provides certain protections after a divorce becomes final, important documents may remain unchanged during the divorce process. Taking time to review your will, powers of attorney, beneficiary designations and financial accounts may help ensure your estate plan reflects your current wishes and circumstances.]]>On Behalf of Reisinger Booth & Associates, PC<![CDATA[Tips for a successful parenting plan]]>https://www.reisingerlaw.net/?p=469672026-04-21T18:51:49Z2026-04-21T18:51:49Z changes a family’s structure, but it does not have to derail a child’s stability or future. Parents can set their children up for success by creating a strong, detailed parenting plan that reduces uncertainty and keeps daily life predictable. A clear schedule for school nights, weekends, holidays and vacations helps children know what to expect, while agreed-upon routines for homework, bedtime and extracurricular activities support consistency across both homes. When parents prioritize the child’s needs, a well-crafted parenting plan becomes a roadmap for security, confidence and long-term well-being.
The following will provide actionable steps to help parents put together a plan that works for their family.
Start with the legal purpose
A parenting plan is not a parenting philosophy. It is a court recognized schedule that includes decision making authority and dispute resolution procedures. Judges look for specificity, feasibility, child centered terms and compliance with state requirements. It is important to note that vague language can cause future problems. Precise language supports enforcement, modification standards and contempt remedies when necessary.
Build a schedule that courts can enforce
A strong schedule anticipates real life. It addresses school weeks, weekends, holidays, summer, transportation, exchanges, missed time and right of first refusal when appropriate. It also limits contact points that trigger conflict. Key points can include:
Exact exchange times, locations and transportation responsibilities
Holiday rotation, school break allocation and summer schedule deadlines
Makeup time rules, notice requirements and travel consent procedures
After reviewing this checklist, read the schedule aloud. If a third party could not follow it without asking questions, revise it. Enforceability often depends on legality and clarity.
Set communication rules that protect children
Communication provisions should reduce exposure to parental conflict. Specify acceptable methods, response times, content limits and child contact procedures. Consider a parenting app for message logging, document sharing and calendar synchronization. Courts often view documented communication as credible evidence during enforcement or modification proceedings.
Plan for change, not litigation
Children grow. Work schedules change. Your plan should include modification triggers, periodic review dates and relocation standards consistent with state law. A predictable process reduces emergency motions, attorney fees and disruptions for children.A successful parenting plan not only takes into account the legalities of the process but also accounts for the needs of your family. ]]>On Behalf of Reisinger Booth & Associates, PC<![CDATA[5 ways you can prepare to avoid family conflicts after passing]]>https://www.reisingerlaw.net/?p=469652026-03-25T13:30:26Z2026-03-25T13:30:26ZCommunicate your intentions early
Conflicts usually arise from a lack of clarity. Remain transparent with your intentions by hosting a family meeting. During the discussion, disclose the distribution of assets and the reasoning behind your choices. If arguments emerge, answer your children’s questions by explaining your decisions.
Be transparent in your will and trust
It is very important to use specific language when drafting a will and trust. Vague instructions can cause confusion and misinterpretation. If you have any verbal promises, you must include them in the written will to make them enforceable.
Create a personal property list
Siblings often form deep sentimental attachments to specific items. To prevent resentment, create a personal property memorandum. Avoid this by creating a personal property memorandum and listing which child gets what property.
However, understand that the list is only legally effective in Nebraska if your will specifically incorporates it by reference and contains your signature.
Include a no-contest clause
Even if you leave an inheritance to all your children, they could challenge the will and say it is unfair. To prevent this, you can add a no-contest clause in your will. If anyone challenges your will, they must forfeit their interest in the estate if their challenge fails. However, if a child has probable cause for doing so, the no-contest clause is unenforceable.
Choose a professional fiduciary
Naming your eldest child as the executor or trustee can create an unbalanced dynamic that starts sibling rivalries. Instead, consider working with a third-party fiduciary who can professionally handle your estate without bias.
Keeping the peace at home
Aside from keeping your assets safe, preserving your family legacy is also about maintaining relationships you leave behind. Estate planning can help you mitigate potential conflicts, but navigating this alone can be overwhelming. Seeking legal assistance can give you the guidance you need.]]>On Behalf of Reisinger Booth & Associates, PC<![CDATA[What to know about property division during divorce in Nebraska]]>https://www.reisingerlaw.net/?p=469622026-02-19T21:26:32Z2026-02-18T13:49:03ZGoing through a divorce brings many uncertainties. However, understanding how Nebraska divides property can help you prepare and make smart decisions that protect your financial future.
How does Nebraska divide property in divorce?
First, you need to understand that Nebraska law recognizes two types of property in your marriage. Marital property typically includes assets you and your spouse gained during your marriage. In contrast, non-marital property covers what you owned before marriage or those you received as gifts or inheritance.Additionally, Nebraska follows an equitable distribution approach in dividing property. This means the court splits marital property fairly, not necessarily equally. Hence, understanding what ‘fair’ means requires knowing how judges make these decisions.
Understanding the one-third to one-half rule
In line with this, Nebraska courts typically give each spouse between one-third and one-half of the shared assets. This range serves as a guideline rather than a strict rule. Nevertheless, your specific situation will influence your settlement. The court looks at several factors before deciding what makes sense in your case.
Factors that a judge considers to determine a fair split
While the one-third to one-half rule provides a starting point, judges often look deeper into your unique circumstances as a couple. Specifically, the court considers several key elements such as:
Duration of your marriage: This refers to how long you were married. A 20-year marriage typically results in a more equal split than a three-year marriage.
Your contributions to the marriage: This covers both earning income and unpaid work like homemaking. The court values staying home to raise children equally with earning a paycheck.
Your economic circumstances: This looks at each spouse's financial situation after divorce. If you have less ability to earn money, you may receive a larger share to help you stay stable.
Your personal history: This considers your overall relationship. The court uses this background to understand what fair division means for you.
Taken together, these factors create a complete picture of your situation and help determine a fair outcome.
Protecting your assets during divorce
Given the complexity involved, dividing property requires careful attention to legal rules and financial matters. Many people find that having legal help allows them to handle the process smoothly and avoid expensive mistakes.Ultimately, understanding your rights and options allows you to approach your divorce with greater confidence. This preparation helps you focus on building your new future while protecting your interests throughout the process.]]>On Behalf of Reisinger Booth & Associates, PC<![CDATA[Challenging a will or trust: What everyone should know]]>https://www.reisingerlaw.net/?p=469602026-01-23T21:00:51Z2026-01-23T21:00:51ZChallenging a will or trust is a scenario that plays out far more frequently in the U.S. than many people might initially imagine. When a loved one passes away, emotions often run high, and questions about fairness, intent or legality may arise.
Understanding what is involved in contesting an estate document can help individuals make informed decisions about actions that may ultimately affect family relationships and inheritance rights.
The basics of challenging a will or trust
Will and trust challenges are usually initiated when someone believes that a particular testamentary document does not reflect the true intentions of the person who created it. Common grounds for probate litigation include lack of mental capacity, undue influence, fraud or improper execution. For example, a will signed when the decedent was suffering from advanced illness or cognitive decline may raise concerns about whether they understood what they were signing. Similarly, sudden changes that benefit one person disproportionately, especially shortly before death, often trigger scrutiny.Sibling disputes are a frequent cause of probate litigation. Brothers and sisters may disagree about how assets were distributed, particularly if one sibling was more involved in a parent’s care or finances. Accusations of manipulation or favoritism can lead to formal challenges, even when the underlying issue of concern is long-standing family tension. These disputes can be emotionally draining and financially costly if not approached carefully.When concerns like these arise, it is important to understand that the process of challenging a trust differs from challenging a will. Trusts may be administered outside of court, but disputes can still require judicial intervention. The burden of proof generally rests with the person bringing the challenge to a far greater extent than it may when a contested will is at issue, which means that informed preparation and documentation are even more important in these cases. At the end of the day, not every perceived unfairness rises to the level of a potentially successful legal challenge. Courts focus on legal standards, not moral judgments. As such, challenging a will or trust is not a step to take lightly. Such efforts can strain family relationships and delay estate administration. At the same time, valid concerns deserve careful review. A skilled legal team can help individuals understand their rights, assess the strength of a potential challenge and navigate the probate process with greater clarity and purpose.]]>On Behalf of Reisinger Booth & Associates, PC<![CDATA[Why creating an estate plan is a smart New Year’s resolution]]>https://www.reisingerlaw.net/?p=469572026-01-12T15:39:32Z2026-01-12T15:39:32ZContinued procrastination isn't beneficial
Most people understand that they need to have an estate plan. However, they may find a variety of reasons why they aren't ready to draft documents yet. For some people, uncertainty about the future may leave them worried that their documents could soon become outdated.
People intending to have more children, for example, may worry about having outdated documents after the birth of another child. For others, the process simply seems unpleasant.
The unfortunate reality is that roughly only 24% of adults have wills and other estate planning documents. If something happens when an individual does not have any documents in place, their family members could be left in a very difficult position.
Documents can address many challenges
Thorough estate plans don't just detail what happens when an individual dies. They also address medical emergencies and the possibility of decline in the future.
Advance directives can provide family members with guidance if an individual becomes incapacitated and needs others to manage their affairs. Durable powers of attorney can protect people from involuntary guardianships or conservatorships if they develop dementia later in life.
People who have documents in place can feel confident going about their daily lives. They don't have to worry about putting pressure on their loved ones in an emergency scenario or going without critical support if they experience a major medical event or debilitating accident, such as a catastrophic car crash.
Family discussions are also important
Testators who draft documents often need to discuss their wishes and paperwork with their families. That way, their loved ones know they have taken action and where to find documents if they need them. They are also less likely to fight with one another after an emergency or a tragedy.
Deciding that 2026 is the year to take responsibility for the future can give people a sense of accomplishment and protection. Adults without estate plans and those with outdated documents may benefit from sitting down with a legal professional to create or update estate planning paperwork accordingly.]]>On Behalf of Reisinger Booth & Associates, PC<![CDATA[Sibling disputes after a parent’s death in Nebraska]]>https://www.reisingerlaw.net/?p=468802025-11-24T05:32:53Z2025-11-04T11:13:50ZLosing a parent can strain even the closest sibling relationships. When questions arise about the estate, will, or trust, emotions often resurface and lead to serious legal conflict.
Why sibling disputes happen after a parent’s death
In Nebraska, sibling disputes over a parent’s estate often start with feelings of unfairness or confusion about what the parent wanted. These conflicts usually focus on how assets are divided or whether the estate documents are valid. Common sources of conflict include:
Unequal inheritances: When one sibling receives more without explanation.
Disinheritance: When a child is cut out entirely.
Sentimental property: When siblings fight over personal items like jewelry or the family home.
Verbal promises: When someone claims the parent made promises not written in the will.
Even a valid estate plan can feel unfair to those left out or left behind.
Legal challenges to wills and trusts
If siblings disagree about a will or trust, they can contest it in Nebraska probate court. The Nebraska Probate Code defines an “interested person” as an heir, beneficiary, or fiduciary affected by the proceeding. Common legal grounds for a challenge include:
Lack of mental capacity: Arguing the parent wasn’t of sound mind when signing.
Undue influence: Claiming a sibling pressured or manipulated the parent.
Fraud or forgery: Alleging the document or signature was falsified.
Improper execution: Arguing the will didn’t meet Nebraska’s legal signing and witnessing rules.
If no valid will exists, Nebraska intestacy laws decide how to divide the estate, often in ways that don’t match family expectations.
Executor and trustee conflicts
When one sibling serves as executor or trustee, others may question their actions. Common complaints include:
Lack of transparency: The executor fails to communicate or share records.
Breach of fiduciary duty: The executor favors certain heirs.
Conflict of interest: The executor also benefits heavily from the estate.
An executor must act in the best interests of all beneficiaries. If that duty is in doubt, the court can demand a full accounting or appoint a neutral fiduciary to manage the estate.
Some of your next steps
Sibling estate disputes can become emotional and expensive. A Nebraska probate attorney can review the will or trust, explain each sibling’s legal rights, and guide the family through mediation or court proceedings if needed.Experienced legal help also ensures the executor follows state law and completes all court filings correctly, reducing errors and delays.]]>On Behalf of Reisinger Booth & Associates, PC<![CDATA[Nebraska step-parent adoption: Understanding the process]]>https://www.reisingerlaw.net/?p=467962025-11-24T05:34:34Z2025-10-22T09:32:14ZA step-parent adoption strengthens family bonds by granting legal recognition to an existing relationship. In Nebraska, you must complete several legal steps to ensure the adoption serves the child’s best interests.
How step-parent adoption works in Nebraska
Chapter 43 of the Nebraska Revised Statutes governs the state’s step-parent adoption process. The court reviews each petition to protect the child’s welfare and confirm that all legal requirements are met before granting an adoption decree.
Step 1: Obtain consent from the other biological parent
Begin by securing consent from the non-custodial parent. That parent must voluntarily relinquish parental rights before the adoption can proceed. If the parent refuses or cannot provide consent, the court decides whether to terminate their rights.You can only complete a step-parent adoption during the marriage. Once a divorce occurs, both biological parents retain rights and adoption becomes impossible.
Step 2: File the petition for adoption
After you obtain consent, you and your spouse file a petition with the court in your home county. The petition must include information about both parents, the child and reasons the adoption serves the child’s best interests.If the non-custodial parent’s rights remain intact, you may need to start a separate legal action before continuing with the adoption.
Step 3: Complete the home study and background checks
In most cases, the court orders a home study and background checks for the step-parent and any other adults living in the household. These reviews confirm that the home provides a safe and stable environment. The court may waive this requirement for some step-parent adoptions.
Step 4: Attend the court hearing
The judge sets a hearing to look over your adoption papers and make sure you followed all the rules. If the judge approves, the court gives you an adoption order that makes you the child’s legal parent.
Step 5: Receive the new birth certificate
Once the adoption is official, the court gives you a new birth certificate that lists you as a parent. The child now has full legal rights like inheritance and benefits and can change their name if you ask.
What you can do next
Although step-parent adoption can follow a straightforward path, legal guidance helps you avoid mistakes that could delay or jeopardize the process. A skilled family law attorney can prepare your documents, handle consent issues and represent your family during the hearing.]]>