Prenuptial Agreements – Get the Facts!

Usually, we hear the words, “prenuptial agreement”, and we have a bad taste in our mouth.  This does not need to be the case.  Prenuptial and Premarital Agreements can protect both parties by allocating certain rights between the parties for estate planning and the possibility of a future divorce.  The following are some situations that prenuptial agreements should be  considered:

1. When one partner has a much higher income and/or state of wealth.

2. When one partner has a much higher debt load.

3. When you own a business.

4. When you have family assets or a family business or farm.

5. When you have children from a previous relationship or marriage.

If you believe that you would benefit from legal advice about prenuptial agreements, contact us.

John McHenry and Brad Roth selected as Super Lawyers

Super Lawyers is an organization that selects attorneys using a rigorous, multiphase process.  Peer nominations and evaluations are combined with third-party research and each candidate is evaluated on 12 indicators of peer recognition and professional achievement.  The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal representation.

John McHenry and Brad Roth have been nominated and selected based on evaluations of their professional achievements, community service, honors, awards, and certificates as well as peer evaluation to be 2011 Great Plains Super Lawyers.  Only 5% of the attorneys in the state are named on this list.

Congratulations John McHenry and Brad Roth!

To learn more about Super Lawyers visit their website.

Sheri Burkholder Was Guest Professor.

Sheri Burkholder was a guest speaker the Entrepreneurship Management Class at the University of Nebraska – Lincoln on October 4, 2011.  She provided an overview on business entities in Nebraska and legal issues that small businesses encounter.

POWERS OF ATTORNEY

The Nebraska Legislature in 2010 amended the Durable Power of Attorney Act. The amendment provides that a person who has been named as an attorney in fact CAN NOT
     create or change rights of survivorship, or
    create or change a beneficiary designation
 
UNLESS, the power of attorney document expressly grants the agent the authority to perform such acts.
 
When estate planning, if the grantor of the power attorney (usually Mom or Dad) is no longer competent to sign a new power of attorney and the goal is to make it easier to transfer the certificates of deposit to the children, WHAT THIS CHANGE MEANS is that the attorney in fact (usually one of the children) cannot redo the certificates of deposit to include all the children as joint owners or to have all of the children designated as payable on death beneficiaries.
 
The Nebraska Legislature in 2010 also passed a Statute to allow a motor vehicle to be titled as “transfer on death” by “including on the certificate a designation of beneficiaries to whom the vehicle will be transferred on the death of the owner and the words “transfer on death or TOD”.  BUT REMEMBER, if you are trying to use a power of attorney document to add the beneficiaries and the power of attorney does not allow you to create a beneficiary designation; then you cannot change the title.
 
All is not lost, the County Court has authority under our probate code to allow the changes when needed.

Life is what happens to you when you had other plans!

Provided by YP.com Posted by grannyjanny52 on 09/21/2010

Life is what happens to you when you had other plans! I never anticipated that I would be needing Social Security Disability benefits at my age and had been reluctant to apply. When my doctors finally had a firm diagnosis and made the suggestion, I reluctantly began the application process. I was denied the normal 2 times before contacting Mr. Haszard at this firm. Mr. Haszard had been recommended by two separate sources that I trusted very much. When my case was accepted, Mr. Haszard and his assistant, Corinne, took all the struggle and worry away from me as they went into action. I anticipated a two year wait so relaxed and concentrated on dealing with my illness. To my surprise, I received a call 10 months later that my application had been approved. Within days, I had received my first payment and all has gone well since. I cannot recommend this firm enough. They were upfront, honest, and realistic and they followed through as they promised. Most of all, they did this in a kind and caring manner at a time when I needed it most. I will not hesitate to return to this firm if a need arises.

Chris Blomenberg is President of Meadowlark Music Festival

CHRIS BLOMENBERG IS PRESIDENT OF MEADOWLARK MUSIC FESTIVAL

Called “the Festival to Watch” by Chamber Music America, Meadowlark Music Festival was founded in 2001 by Ann Chang Barnes, Artistic Director at the Lied Center for Performing Arts and Artist in Residence as well as Director of the Art’s Entrepreneurship Program at the University of Nebraska – Lincoln. With the assistance of Board of Directors President – Chris Blomenberg, Executive Director -Tamara Cass, an active and working Board of Directors, and widespread community and foundation support, Meadowlark is now celebrating its 11th year of classical music performances.

Federal Estate and Gift Taxes

Federal Estate and Gift Taxes
Congress gave us Temporary Estate and Gift Tax Relief until December 31, 2012

What the Relief means in 2011 and 2012:

1. The first $5,000,000.00 of the value of each estate is exempt from Federal Estate Tax.

2. There is a cost of living adjustment that could increase the $5,000,000.00 exempt value in 2012.

3. Surviving spouse may be able to use the unused exclusion amount of their deceased spouse (Would be able to use full $10,000,000.00 exemption between the two estates).

4. Maximum Estate tax rate is 35%.

5. Restores the basis of estate assets to date of death values.

6. Gift tax exclusion amount will also be $5,000,000.00 and the gift tax rate will be 35%.

7. Will be able to use the exclusion when figuring either gift taxes or estate taxes.

In 2013 we go back to a $1,000,000.00 exemption, a top rate of 55% and more drama.

Lincoln Journal Star article quoting John McHenry

Read about John McHenry in recent article published in the Lincoln Journal Star on January 13, 2011.

A citizens committee recommended that proceeds from the sale of the county-owned nursing home, Lancaster Manor, be used to assist the county’s low-income elderly.

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