Legal Question in Wills and Trusts in Nebraska
Claims against an Estate
My parents are deceased, they had a
will and 6 heirs.
Several heirs are going to be
submitting claims against the Estate.
Claims submitted are based on time
and money spent in behalf of the
entire estate.
The hook, half of the estate value is
exempt from the Will as it's been
deeded to 2 heirs
the other half of the estate is to be
divided and shared equally among
the 6 heirs.
My questions, On what basis are
claim settlements determined,
the entire Estate value prior to death
or value after the exemption?
What happens if claims value exceed
the value of the estate?
If claims and divided equally is based
on the value after exemptions can a
2nd claim be filed against that
portion of the estate?
remember, time and money was
spent on the exempt portion of the
Will as well.
1 Answer from Attorneys
Re: Claims against an Estate
I am sorry to hear about your parents. You ask some specific questions, but haven't provided enough information to give you an accurate answer. Creditors of the estate will be paid before any distribution to the heirs. If there is not enough assets in the estate to pay the creditors, the creditors will get partial payment and the heirs will get nothing. It would probably be worth your while to sit down and meet with an attorney. Make sure you provide him with a copy of the will.