Best Estate Planning Lawyers in Nebraska

About Estate Planning Law in Nebraska, United States

Estate planning in Nebraska involves making important decisions about how your assets will be managed and distributed after your death. It is more than just writing a will - it is a comprehensive process that can include setting up trusts, naming guardians for minor children, establishing powers of attorney, and planning for incapacity. Nebraska law provides specific rules about how estate documents must be prepared and executed. Proper estate planning gives you control over your legacy, helps ensure your wishes are honored, and can significantly reduce stress for your loved ones after your passing.

Why You May Need a Lawyer

Estate planning can be complex and laws vary significantly from state to state. While some people use simple do-it-yourself forms, there are many situations where seeking the guidance of an experienced Nebraska estate planning lawyer is beneficial, including:

• You have a blended family, such as stepchildren or remarriages.
• You own significant assets, including real estate or a business.
• You want to minimize estate taxes and avoid probate when possible.
• You wish to set up trusts for minor children or beneficiaries with special needs.
• You need help choosing or updating guardians, executors, or powers of attorney.
• You are concerned about potential will contests or family disputes.
• You wish to make charitable gifts from your estate.
• Your family situation is changing due to marriage, divorce, or a new child.
• You moved to Nebraska from another state and are unsure if your documents comply with Nebraska law.

A lawyer can help ensure your documents are legally valid, reflect your wishes accurately, and provide maximum protection for you and your loved ones.

Local Laws Overview

Nebraska's estate planning laws have unique features that affect how your estate is handled. Some key points to consider include:

• Nebraska follows the Uniform Probate Code, but with some state-specific variations.
• Wills must be signed by the testator and witnessed by two individuals who are not beneficiaries.
• Nebraska recognizes formal wills, holographic wills, and even some oral wills under limited circumstances.
• Probate is required for most estates, but simplified procedures may be available for small estates under a certain value threshold.
• Living trusts can help avoid probate, but must be properly funded to be effective under Nebraska law.
• Nebraska does not have a state estate or inheritance tax for deaths after 2007, but some county inheritance taxes may apply.
• Powers of attorney and advance directives (living wills) are legally recognized and must follow specific statutory forms and rules.
• Failure to have a will means your assets will be distributed according to Nebraska’s intestacy laws, which may not reflect your actual wishes.

Because of these and other local nuances, estate planning in Nebraska should be approached with care.

Frequently Asked Questions

What happens if I die without a will in Nebraska?

If you die without a will, your estate will be distributed according to Nebraska’s intestacy laws. These laws dictate which relatives inherit your assets, which may not reflect your personal wishes.

Do I need my will notarized in Nebraska?

A will does not have to be notarized to be valid in Nebraska. However, you can make your will self-proving by including a notarized affidavit, which can speed up the probate process.

How do I avoid probate in Nebraska?

Some assets can avoid probate by using beneficiary designations or joint ownership. Creating and properly funding a revocable living trust is another common way to avoid probate in Nebraska.

Can I change my will after it is signed?

Yes, Nebraska law allows you to update or revoke your will at any time as long as you are mentally competent. Changes must be made following the required legal procedures.

What is a living will and does Nebraska recognize it?

A living will is a legal document stating your wishes for end-of-life medical care. Nebraska law recognizes living wills and advance directives if they are properly executed.

When is probate required in Nebraska?

Probate is generally required when someone owns real estate or significant assets in their sole name at death. However, simplified procedures may be available for smaller estates.

How does Nebraska treat inherited property in divorce?

Inherited property is typically considered separate property in a Nebraska divorce, but it can become marital property if commingled with joint assets. Clear estate planning can help protect inheritances.

Who can serve as an executor in Nebraska?

An executor (also called personal representative) must be at least 19 years old and of sound mind. Out-of-state executors are permitted but may need to appoint a Nebraska resident agent.

What is Nebraska's inheritance tax and who has to pay it?

Nebraska counties impose inheritance taxes on beneficiaries who are not close relatives of the deceased. Rates and exemptions vary by relationship and by county.

How often should I update my estate plan?

Review your estate plan every few years or after significant life changes such as marriage, divorce, childbirth, or a major change in assets or the law.

Additional Resources

Here are some organizations and resources that can provide helpful information about estate planning in Nebraska:

• Nebraska State Bar Association - offers resources and attorney directories.
• Nebraska Judicial Branch - provides forms and information about probate and guardianship.
• Local county probate courts - for information about local procedures and inheritance taxes.
• Area Agencies on Aging - provides support and referral services for older Nebraskans.
• Legal Aid of Nebraska - offers assistance to qualifying individuals needing legal help.
• The Nebraska Department of Health and Human Services - for advance directives and healthcare planning forms.

Next Steps

If you are considering estate planning in Nebraska, start by making a list of your assets, your family’s needs, and your wishes for how your estate should be managed. Review your situation for any special circumstances, such as unique family dynamics or business ownership, that might require advanced planning.

Consulting an experienced Nebraska estate planning attorney is the best way to ensure your documents are valid, updated, and tailored to your individual situation. Most attorneys offer an initial consultation to discuss your goals and outline the process. Bring any existing wills, powers of attorney, and other relevant documents to your appointment.

Staying informed and proactive with your estate planning can bring peace of mind for you and security for your loved ones. Take the next step today to create or update your Nebraska estate plan.