Nebraska Probate Form 363 - Notice Of Determination By Personal Representative Of Family Allowance

FULL NAME OF FORM: Notice Of Determination By Personal Representative Of Family Allowance

WHEN TO USE THE FORM: Use this form to give notice of the determination of the amount and timing of the family allowance distribution(s) and to describe the property proposed to be used to satisfy the allowance. Mailing of this notice starts the thirty (30) day time limit upon the commencement of proceedings to object to the proposed distribution.

HOW TO USE THE FORM:

1. FAMILY ALLOWANCE: If the Decedent was domiciled in Nebraska, the surviving spouse and minor children whom the Decedent was obligated to support and children who were in fact being supported by Decedent, are entitled to a reasonable allowance for their maintenance during the period of administration. Such allowance may not continue for longer than one (1) year if the estate is inadequate to discharge allowed claims. The allowance may be paid as a lump sum or in periodic installments. The allowance is payable to the surviving spouse, if living, for the use of the surviving spouse and minor and dependent children. If there is no surviving spouse the allowance shall be paid to the children or persons having their care and custody. The Personal Representative may determine the family allowance in a lump sum not exceeding $9,000 or periodic installments not exceeding $750 per month for one year, and may disburse funds of the estate in payment of the family allowance. The family allowance may be satisfied by value in kind provided that cash has not been demanded, the property to be distributed is not subject to a specific devise and no residuary devisee has requested that the asset in question remain a part of the residue of the estate. If satisfied in kind the Personal Representative should execute an instrument or deed of distribution to establish the ownership of the property taken as family allowance.
2. CERTIFICATE OF MAILING: The Notice of Determination By Personal Representative of Family Allowance should be mailed to all persons who have a right to object to the proposed distribution. Nebraska Probate Code § 30-24,104(b) provides that the right of any Distributee to object to a proposed distribution on the basis of the kind or value of the asset the Distributee is to receive, if not waived earlier in writing, terminates if the Distributee fails to object in writing received by the Personal Representative within thirty (30) days after mailing or delivery of the proposal.
3. GENERAL: In completing the form, the total amount of the allowance determined should be placed in the blank provided and the remaining space should be utilized to set forth the individuals to whom the amount is payable, the period over which the amount will be paid and the type and value of property which will be used to satisfy the allowance.