Legal Question in Wills and Trusts in Nebraska

guardianship of a deceased parent

My mother died a month ago and nursing home withheld her fund of $3,000.00 to me (I'm her daughter and they got their attorney to claim guardianship over her and did that without my permissed and now he will not release fund to me because he has guardianship he says how can this be possible without my knowing anthing about it?


Asked on 4/27/08, 1:57 am

2 Answers from Attorneys

Duke Drouillard Drouillard Law, LLC

Re: guardianship of a deceased parent

The probate court will have jurisdiction over how the funds are handled. Prior to making any distributions to natural heirs, all expenses/debts of your mother's estate must be paid and settled first. Those expenses may include funeral expenses, indebtedness to the nursing home or other creditors, and any fees owed to the guardian for their services. If there is any money remaining, the court will attempt to identify and notify all heirs to the estate so they may present their claims.

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Answered on 4/27/08, 12:39 pm
Monte Schatz Attorney at law

Re: guardianship of a deceased parent

Find out who the personal representative is that has been appointed for your mother's estate. If your mother had a will and there are any assets (cash, property, etc.) left over after expenses, taxes, etc. the money will be distributed according to the terms of her will or if she died with out a will, through the laws of intestacy.

I wouldn't waste a great deal of time worrying about how the conservator was appointed unless you think he/she misappropriated your mother's funds.

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Answered on 4/27/08, 9:48 pm


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