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LegalGems
LegalGems, Attorney
Category: Estate Law
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Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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Pertaining to the Nebraska Inheritance Tax --what Class of

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Pertaining to the Nebraska Inheritance Tax --what Class of Beneficiaries would a Step-Mother be considered? Thank you.

LegalGems :

I am an Estate Law expert and will do my best to provide you with quality information. Remember, I am only permitted to give general information!

LegalGems :

One moment as I research this for you.

LegalGems :

And just to be clear, no adoption ever took place, correct?

Customer:

That is correct--Step-Daughter never legally adopted by her Step-Mother after her Father (Husband to the Step-Mother) deceased.

Customer:

Yes--That is correct--Step-Mother never adopted the now Deceased Step-Daughter--her Deceased Father was married to the Step-mother fpr over 10 years

LegalGems :

My reading of the statute (RRS 77-2004) would be that it is a class 1, based on 2 points; you were married to the biological parent, and therefor classify as a spouse; and you were in an acknowledged child/parent relationship for presumably not less than 10 years preceding the step-daughter's death. I sympathize with the step-mother for her loss.

LegalGems :

This is probably more information that you need, but it's a general overview of the inheritance laws in NE: http://www.revenue.ne.gov/tax_exp/2000/k.pdf.

LegalGems :

Please let me know if you need clarification on any of the above.

Customer:

I was thinking it may fall into the category of a "Remote Relative"?

Customer:

I read it to be in the "Remote Relative" Category --as the reference is to the Decedent (Step-Daughter)to be in the Parent Role--which would disqualify the Step-Mother as being the Parental Role.

LegalGems :

Thank you for that follow up. Remote relatives are considered aunts, uncles, nieces, nephews, their lineal descendants (offspring) and their spouses. Since the class 1 specifically references parents, and their spouses, this is more on point that the remote relative classification. I see what you are saying about the parent role, but from a legislative intent standpoint, it would appear that the legislature was trying to acknowledge non-biological parents.

Customer:

Thank you--I was reading it both ways--and, of course, could not identify a specific Step-Mother reference.

LegalGems :

You are welcome. I would think that the legislature would clarify this in the near future, since step parenting is not an uncommon occurrence by any means!

LegalGems :

Did you have any other questions relating to the above?

Customer:

I am good with your clarification--thanks for the timely assistance.

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