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.


Asked on 4/26/07, 1:25 pm

1 Answer from Attorneys

Duke Drouillard Drouillard Law, LLC

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.

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Answered on 4/27/07, 12:01 am


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