Losing a loved one is always difficult. When you’re faced with wrapping up the affairs of a loved one who has died, you may feel overwhelmed by the complexity of the work ahead. However, with knowledgable legal assistance and practical information from Omaha, Nebraska Probate attorney Thomas E. Whitmore, you can do it.
At Whitmore Law Office, our staff is experienced and efficient at promptly handling probate and estate matters and helping make this difficult time a little easier for the heirs, personal representative, executor or trustee whether there is a valid Will or the deceased died intestate. Most of our estate work originates in Omaha, Papillion, and Bellevue, but we are able to efficiently serve clients with estates anywhere in Nebraska.
The Probate Lawyer’s Job
We will advise you as to what is needed, prepare all papers and file them with the Probate Court in Douglas County, or other Nebraska county as required. With the letters of authority that we obtain for you from the Court, you will be able to access insurance, bank, and other financial accounts of the deceased.
If there are any challenged claims or lawsuits that need to be commenced, we can handle those as well. Our office will assist the personal representative in collecting the assets, paying bills and claims of the estate, preparing and filing the required Nebraska Inheritance Tax return, and making the final distribution according to the Will and the Nebraska Probate Code.
For a discussion of the Nebraska Inheritance Tax, follow this Link: Nebraska Inheritance Tax. There is information about the federal estate tax here.
The role of the Executor (Personal Representative)
After an individual’s death, his or her assets must be gathered, business affairs settled, any debts paid, necessary tax returns filed, and assets distributed as the deceased person (the “decedent”) has directed. These activities generally will be conducted on behalf of the decedent by a person acting in a fiduciary capacity, either as a personal representative (in some states called executor) or as trustee, depending upon the decedent’s estate plan. Generally, the personal representative must hire an experienced probate attorney to assist with this process of administering the decedent’s estate. Here are the main actions to be taken by the personal representative:
Locate and understand the decedent’s will and any trust.
Establish an estate bank account where all estate funds will be deposited and from which all disbursements will be made.
Pay debts and expenses of the estate.
Create an inventory of the decedent’s assets.
Fund the bequests.
Administer any trust.
Close the estate.
Out of State Personal Representative (Executor)
If you do not live near Omaha and cannot come to our office, Whitmore Law Office will prepare and email or mail the proper estate and administration papers to you for review and signature. Many of our clients live far from here and have loved ones who have passed away in Nebraska. We assist faraway clients in effectively handling their estate administration responsibilities, while minimizing the need for them to be present in our state.
We are also available to handle ancillary probate throughout Nebraska.