Legal Question in Wills and Trusts in Nebraska

Father's will states 1/3 of net income from farm in Nebraska goes to my fathers girlfriend until her death then net income split equally 1/2 with my sister. Girlfriend trying to get more than 1/3 share and is a "gold digger". The farm by will is owned by my sister and myself now that father died. Can we sell the farm and do we have to by law give girlfriend 1/3 of the money from the sale?

Asked on 9/01/11, 10:14 am

1 Answer from Attorneys

Duke Drouillard Drouillard Law, LLC

An attorney would need to examine the will and probate records to give you a good answer and they would charge you for their time to investigate. Whether or not your father's girlfriend is a 'golddigger' is irrelevant and suggesting that will not gain you favor with the courts. From the facts you provide, your father wanted her to have 1/3 of the income from the farm and the courts will respect his wishes as much as possible. You would need permission of the court to sell the farm and you may owe father's girlfriend more than 1/3 of the sale price depending on the terms of the sale. She is entitled to 1/3 income from the farm for life and that may or may not be equivalent to 1/3 of the sale price. Unless she agrees to the sale, the court will determine what is fair under the circumstances.

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Answered on 9/02/11, 5:36 am

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