Nebraska Wills, Trusts, and Probate

Formolating a well drafted estate plan is essential to protect your family and other loved ones after your death. A variety of documents may make up your estate plan. These documents may include a trust, will, healthcare surrogate designation, advanced care directive, and/or durable power of attorney. You shoold plan to update your estate plan whenever your familial situation changes (i.e.-through marriage, death, retirement, birth, and/or divorce). Have a Nebraska estate planning lawyer aid in the preparation of your estate plan.

Nebraska Will

Make sure that you are familiar with Nebraska wording requirements and formalities for your will. Failure to follow these legal specifications can resolt in the misallocation of your property. The following formalities must be met for a Nebraska will:

1. Witnesses: After witnessing the testator sign the will or acknowledge his signature on the will, two witnesses who are not beneficiaries to the will must sign the will.
2. Notarization: Nebraska does not require you to have your will notarized. But, if your will is notarized, it will be considered self-proving, meaning that at the time of probate, the original witnesses to the will need not be located to attest to the will in court, before it is admitted to probate.

Talk to a Nebraska attorney who specializes in wills about Nebraska legal requirements for wills.

Changing a Will in Nebraska

To alter your Nebraska will you can cancel (revoke) your former will by destroying it and write a new will, or amend your old will by creating a codicil and appending it to your old will. Be sure that whichever way you modify your will, you do so with the appropriate Nebraska will formalities and requirements. If you have questions or concerns about changes to your will, consider contacting a Nebraska will lawyer.

Nebraska Trust

Trusts in Nebraska are another way to dispose of your property after your death. A trust is a confidential, flexible way to distribute your property, save on taxes, and circumvent probate. There are several kinds of trusts, including educational, life insurance, and charitable. These trusts can also be revocable or irrevocable depending on your preference.

Due to the complex nature of trust construction, it is important to consolt a Nebraska trust attorney to ensure that your trust is properly set up and best fits your personal situation.

Nebraska Probate

Assets left by a testator in his will must pass through probate. On the other hand, when a decedent does not leave a will, or does not mention certain parts of his property in his will, the property will be distributed in accordance with Nebraska laws of intestate succession. The roles of intestate succession basically distribute the deceased's property to the individuals with the closest blood relationship to the deceased.

Parties interested in the will may ask the court to determine who shoold benefit from the will and what amount of the estate each person shoold receive if the will is unclear about who shoold receive property, or if the decedent's property is distributed by intestate succession.

Nebraska has a Summary Administration procedure by which parties interested in the will may get their personal property without having to go through the formal probate process if the estate is worth less than $50,000.

Significant relationships in determining distribution by intestate succession:

1. Spouses
2. Descendants (children, grandchildren)
1. Half-bloods
2. After-born heirs
3. Adopted individuals
4. Persons born out of wedlock
   
3. Parents
4. Siblings
5. Grandparents
6. Uncles and aunts

• Property which may not go through Nebraska probate procedure:
• non-probate assets – there is an unambiguous beneficiary designated for the assets in a will or trust, and the property passes immediately to that person;
• contract assets – property contractually payable to a specific individual (including life insurance policies, IRAs, and inter vivos trusts); and,
• jointly held property – property in which both the decedent and other parties own shares. Upon the decedent's death, his share goes to the other parties. Such property may include money in bank accounts, cars, and/or shared homes.

A Nebraska probate attorney can help you address concerns you may have about your will. It is imperative to have any concerns addressed because your will can be contested after it is finished.

Nebraska Statutes

Nebraska Revised Statutes, Chp. 30 – Decedents' Estates

1. Probate Code: Wills
1. Nebraska Revised Statutes, Chp. 30, §§ 2326-2401.
2. Probate Code: Intestate Succession
1. Nebraska Revised Statutes, Chp. 30, § 2349.
3. Probate Code:; General Provisions
1. Nebraska Revised Statutes, Chp. 30, § 2209.
4. Probate Code: Administration of Estates
1. Nebraska Revised Statutes, Chp. 30, §333.
5. Nebraska Trusts
1. Nebraska Revised Statues, Chp. 30, §3827.