Can Anyone File a Wrongful Death Claim in Nebraska?

Can Anyone File a Wrongful Death Claim in Nebraska?

No, not just anyone can file a wrongful death claim in Nebraska. Even if you were very close to this person, there are only a few people who qualify to bring this type of claim to court.

It’s undoubtedly unbearable to watch something this unjust happen and be forced to live without your loved one, and we’re terribly sorry you’re going through this. We want to empower you in this process. Let our wrongful death attorneys help break it down for you so that you have a clearer picture of how this wrongful death claim in Nebraska can be filed.

First, if You Want to File a Wrongful Death Claim in Nebraska, You’ll Need to be the Decedent’s Personal Representative

The decedent’s personal representative is the person who:

1. Has the responsibility of settling a decedent’s estate.
2. Can only be appointed by a county court in a probate action.
   1. A probate action is a legal case filed in county court to:
      1. Inventory assets.
      2. Pay estate and inheritance taxes.
      3. Settle the decedent’s affairs.
      4. Distribute estate assets to the heirs.

But Who Can Be Appointed by the Court as a PR to Handle These Affairs? How are These Assets Divided?

Typically, both are decided by the decedent’s Will. Whether you are a friend, a partner, a godparent, or even a distant family member, you will be given the title of a PR by the county court if you are specifically cited in his or her Will.

The same goes for the way assets are divided in a wrongful death claim in Nebraska. If the decedent’s Will specifically states how he or she wants their assets to be divided, the court will respect those wishes and follow suit.

However, if the decedent has no Will, Nebraska’s law Will determine who will be appointed as the decedent’s PR and what to do with his or her assets.

Nebraska’s law states that, without a Will, the decedent’s PR is decided by a preference schedule. For example:

1. A man who dies without a Will, would have his surviving spouse appointed as his PR.
2. If a man dies with no surviving spouse, his biological child or children would be next in line for appointment, and so on.

Contact Our Wrongful Death Attorneys for More Information or to Schedule a Free Consultation

There are many confusing rules when filing a wrongful death claim in Nebraska, and no one wants to deal with legal jargon after suffering such a serious loss. If you have any questions on this matter, contact our firm online or give us a call at (308) 872-8327. Our wrongful death attorneys are knowledgeable, compassionate, and down-to-earth. You’ll get the answers you need to know so justice can be served.