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A will and testament, or simply a 'will', is a legal document that expresses a person's wishes regarding the distribution of their property after death. In Lincoln, like all US cities, the drafting, execution, amendment, revocation of wills are governed by state laws. In this case, Nebraska Laws apply. A legally valid will in Nebraska ensures your wishes are carried out and can prevent potential disputes among your heirs.
While it is legal to make a will without a lawyer in Nebraska, hiring one is advisable. A lawyer can help you understand the legal terms and stipulations, correctly interpret the state laws, and ensure that your will is valid and enforceable. In case of large estates or complex family situations, having a lawyer becomes even more crucial to avoid disputes and possible litigation after your demise.
Nebraska statutes dictate the prerequisites for a valid will. A testator (maker of the will) must be at least 18 years and be of sound mind. The will must be written, signed by the testator, and witnessed by at least two individuals who will not benefit from the will. Nebraska Law also recognizes holographic wills - a handwritten will by the testator, even without a witness. Additionally, 'Living wills' to express end-of-life wishes are recognized.
Yes. In Nebraska, you can write your own will. However, it needs to comply with certain legal requirements to be valid. The help of a lawyer is beneficial to ensure all legal conditions are met.
If you die without a valid will, you're considered 'intestate'. Your assets will be distributed according to the Nebraska intestate laws, which might not align with your wishes.
Yes, you can revise your will at any time by creating a new will or adding a "codicil", an amendment to the existing will. Any changes need to follow the same legal procedures as the original will.
You should appoint a trusted person capable of handling financial matters. This can be a spouse, an adult child, a friend, or even a financial institution. Consider the complexity of your estate when making this choice.
Yes, you can, but there are some exceptions. A spouse cannot be completely disinherited under 'spousal elective share' laws. Additionally, inheritances for minor children have certain legal protections.
Useful resources include official governmental websites like 'Nebraska Judicial Branch' and 'Nebraska Department of Health and Human Services'. Local law libraries and online legal platforms like 'Legal Aid of Nebraska' can provide additional support.
If you need legal assistance in matters related to Will & Testament, start by finding a local lawyer specializing in the area. Based on your situation they can provide personalized advice and guide you through the process, ensuring your will fits both your wishes and legal requirements. Remember, the peace of mind knowing your loved ones are taken care of according to your wishes, is worth the effort and cost involved.
