A conservator is a person appointed by the court to make financial decisions for another person. Conservatorship may be necessary where a person is not able to make decisions because of his or her age or because of a physical or mental condition. Conservatorship process If a person would like to be considered to act as the conservator, he or she must first file a petition with the court and the court will set a hearing date. The petition must include the reason why the conservatorship is necessary, the names and addresses of the interested persons and name of the proposed conservator. The pers ..read more

With the holidays in full swing, people in Nebraska, across the United States and all over the globe will be celebrating with family and friends. It should be a happy time, but family issues can frequently complicate matters. If there has been a divorce and the parents are still trying to come to a consensus on how to handle parenting time and when the custodial and non-custodial parent will have the child, the holidays can lead to discord. This can be emotional and challenging. When going through the process of a divorce, it is important to be aware of the law. Part of that is the holiday par ..read more

An estate plan can offer benefits to anyone, not just those who are wealthy. The misconceptions surrounding estate planning may be part of what keeps more than half of Americans from having a plan of their own. Knowing about estate planning can make the difference in whether or not you have an estate plan when you need it. So, when is the best time to make an estate plan? The benefits of planning To help understand when you should begin planning, you should first understand what estate planning can offer you. Here are some of the benefits of proper planning: Appointing a guardian ..read more

The entry of the final judgment and decree in a Nebraska divorce is usually interpreted by the parties as the end of the struggle. All issues have been decided, and the parties and their children will now live their lives according to the court’s order. But life is never so simple – unanticipated events such as a sudden illness or loss of a job can substantially affect the assumptions that helped shape orders for alimony, child support and child custody. When such an event occurs, the parties often wonder if the previous order for, say, child support can be modified to reflect the changed circ ..read more

In Nebraska, businesses need to be aware not just of the overriding principles of its formation, but the smaller details. For those who are forming a corporation or a limited liability company (LLC), it is wise to understand which is preferable based on the business itself and its goals. In addition, it is also crucial to know about the importance of a registered agent and what that role entails. From the initial stages of starting a business, changing a business formation or buying a business, these aspects should not be ignored. The difference between a corporation and an LLC A corporation i ..read more

When parents decide they can no longer be together it can be a traumatic time for both the parents and their children. These are stressful times for everyone, and it can be difficult to navigate the court system. Most parents don’t understand how child custody even works in Nebraska. To begin, the Nebraska courts typically award child custody based on the best interests of the child. There are several factors that judges routinely consider in a Nebraska child custody case including: Each parent’s relationship with the child prior to the divorce. Child’s wishes as to whom they want to live wit ..read more

A will is intended to convey a person's final wishes for how they want their property to be distributed after their death. If a will is valid, it is legally binding on the probate court. The deceased is no longer around to answer any questions, and so the court takes all this very seriously. First, the court must determine if the will is valid. Because a will is so important, it must meet a number of requirements before a court will rule that it is valid. 'Of sound mind' First, the basics: Under Nebraska law, the person creating the wall is known as the testator. To execute a valid will, the t ..read more

There are many people in the Omaha area who might not want to divorce their spouses. For example, they may have religious or personal moral objections to divorce. In other cases, there may be some financial or other advantages to staying married. In still other cases, a person may not be emotionally ready for the finality of a divorce.  They may likewise worry about the emotions of their children. Just the same, they realize that they can longer live with their spouses and will need to be able to maintain a separate home. Oftentimes, taking this step requires formal legal protection. Goin ..read more

If one has watched the news over the past year, it is highly likely they have scene news of the Kelly Clarkson and Brandon Blackstock divorce. It has been highly contentious and newsworthy. And, another recent ruling upholds the couple's prenuptial agreement, has shown Omaha, Nebraska, residents the power of prenups. Happier beginnings Originally, the two met back in 2006 when Ms. Clarkson was singing a duet with Rascal Flatts for the Academy of Country Music Awards. Mr. Blackstock was Rascal Flatts' tour manager, and the two dated for a long time until marrying in 2013. The couple were soon b ..read more

The collaborative divorce route benefits certain couples who decide to end their marriage. The soon-to-be-former spouses work together on the details and negotiations. Resolution lies squarely on their shoulders. But they each also rely on the guidance of their respective attorneys in this method that serves as an alternative to litigation. Collaborative divorce represents a legal approach somewhere in between mediation and litigation. You tried to work together the best that you could while married. Now, you must work together to complete a successful divorce. You each have a stake in the pro ..read more