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Clients say that James Tews’ clarity in thinking, practical advice, and efficient problem-solving skills allows them to get through challenging times brought about by the death or incapacity of a loved one.

James works with families to both develop comprehensive estate plans and to execute the directions set forth in these plans at the appropriate time. General areas of focus include preparing estate plan documents (e.g., Wills, Trusts, Powers of Attorney), both routine and complex probate and trust administration, planning to minimize death taxes, establishing and administering guardianships and conservatorships, Medicaid planning, and, when necessary, litigation necessary to accomplish client goals. Regardless of the particular matter at hand, from simple to complex, James aspires to meet client desires efficiently and timely.

James also has significant experience in providing legal assistance to clients who are parenting or caring for a child with physical or cognitive challenges. His experience includes establishing both “first party” and “third party” Special Needs Trusts. These types of Trusts allow for trust assets to benefit a child with special needs in ways not covered by available needs-based government benefits, while at the same time preserving the eligibility of the child for such government benefits.

Experience

Experience

  • Successfully represented the lifetime beneficiary of a Trust in an effort to resolve multiple disputes through settlement with several dozen other trust beneficiaries
  • Represented various corporate fiduciaries in complying with their administrative obligations as Trustees and Personal Representatives and in resolving estate and trust controversies regarding interpretation of documents
  • Represented two of three siblings in litigation over the third sibling’s maladministration of the family trust and their mother’s affairs, which resulted in the third sibling being removed as trustee of the family trust and partial reimbursement of attorney fees and costs to our clients. The lower court’s decision was affirmed on appeal to the Nebraska Supreme Court
  • Worked with clients to assert an “elective share petition” for the benefit of a surviving spouse who was largely disinherited from the $50MM+ estate of her late spouse, resulting in a significant settlement for the clients

News & Publications

Honors & Affiliations

Honors & Awards

Best Lawyers in America (© Woodward/White Inc.), Trusts and Estates, 2018
"AV" Rating, Preeminent, Martindale-Hubbell

Community & Professional

Omaha Estate Planning Council, Current Member
Madonna School, Current Board Member
St. John’s Church of Valley, Long Range Planning Committee
Knights of Columbus (Council #7034, Father John F. Brock, Valley, NE)
Easter Seals of Nebraska, Past Board Member
Visiting Nurse Association, Past Board Member
Nebraska State Bar Association

Education

J.D., Creighton University School of Law, 2003 (magna cum laude)

  • Tournament Director, Creighton U Moot Court Board
  • Chairman, Volunteer Income Tax Assistance Program

B.A., Mount Mary College, 1999 (summa cum laude)

  • Business Administration, Environmental Science, and Biology
  • Minor in Chemistry

Admissions

  • State of Nebraska
    State of Iowa
    U.S. District Court, District of Nebraska
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