Wills in Nebraska

If you have limited assets and no children, a simple will that names beneficiaries for your belongings may suffice. However, if you have substantial assets, minor children, beneficiaries with special needs, or want to protect inheritances in a trust, a more comprehensive estate plan is likely the best choice.

What Should Be in Your Nebraska Will?

A will is your opportunity to clearly state how your assets should be distributed after your death. While you don’t need to list every specific item—since assets can change over time—you should clearly outline how you’d like your estate to be distributed.

Additionally, you’ll need to appoint a Personal Representative (executor) to manage your estate. This can be your spouse, an adult child, or another trusted individual. If you have minor children, it’s important to name a guardian to care for them as well. In Nebraska, unless the other parent is deceased or deemed unfit, custody is generally awarded to the surviving parent, even if you designate someone else in your will. Keep in mind that your will doesn’t control jointly owned property, accounts with beneficiary designations, or assets already in a trust.

Do You Need a Will if You Have a Living Trust?

Yes, even if you have a living trust, a will still plays a vital role in your estate plan. A pour-over will ensures that any assets not included in your trust during your lifetime are transferred to it after your passing. This acts as a safety net to prevent any assets from being unintentionally excluded from your trust.

A pour-over will is also where you name guardians for minor children and address the distribution of personal items or assets not covered by the trust. Together, a living trust and pour-over will form a comprehensive plan that minimizes risks and ensures your wishes are fully honored.

Is a Will Better Than a Trust?

Choosing between a will and a trust depends on your individual goals and circumstances. A will is simpler and typically less expensive to create, making it suitable for straightforward estates. It specifies how assets are distributed but requires probate, which can be time-consuming and public.

A trust, by contrast, offers greater flexibility and privacy. It allows for seamless management of your assets during your lifetime and avoids probate altogether. Trusts are ideal for those with complex financial situations, specific wishes such as asset protection, or beneficiaries with special needs. In many cases, a combination of a will and trust is the most effective strategy for a comprehensive estate plan. Consulting a Nebraska estate planning attorney can help you determine the best approach for your unique situation.

Why You Shouldn’t Draft Your Own Will

While there are DIY options for creating a will, estate planning laws are complex, and mistakes can have serious consequences. Without the guidance of an experienced attorney, you risk creating a document that may not comply with Nebraska law or fully protect your wishes.

For example, Nebraska requires that a will be signed in the presence of two witnesses and properly notarized. If these formalities aren’t followed, your will may not be enforceable, leaving your estate subject to state laws on intestate succession. An attorney ensures your will is legally valid and accurately reflects your wishes.

Start Planning for the Future

Taking the time to create a will is a simple yet powerful way to protect your loved ones and ensure your wishes are followed. Whether you need a basic will or a full estate plan, our skilled team at Nebraska Legal Group is here to help.

Contact us today to schedule a consultation and take the first step toward peace of mind for you and your family.