Executive Summary
Many people under 40 assume estate planning can wait, but that assumption can leave your loved ones vulnerable if the unexpected occurs. Whether you’re building your career, starting a family, or managing financial goals, creating a will under 40 ensures your assets, healthcare wishes, and guardianship decisions are honored. This guide explains why a will is important before age 40 in Nebraska, what to include, how to create one, and how working with an experienced estate planning attorney can give you long-term protection.
Under 40? Here’s Why You Need a Will in Nebraska
If you’re under 40, creating a will might not be on your radar. You’re likely focused on building your career, starting a family, or paying off student loans. It’s a common misconception that estate planning is only necessary for retirees or those with substantial wealth. In reality, having a will under 40 is one of the most important steps you can take to ensure your wishes are honored if the unexpected occurs.
What Is the Purpose of a Will?
A will is a legal document that outlines how you want your assets and responsibilities managed after your death. It allows you to:
- Choose who inherits your property
- Appoint a guardian or conservator for your minor children
- Designate someone to manage your estate
- Outlines your healthcare directives to guide medical decisions in the case of an emergency
- Make your final wishes legally binding
Creating a will under 40 gives you control over personal and financial matters that would otherwise be decided by the courts under Nebraska’s intestacy laws.
Why You Need a Will Under 40 in Nebraska
Many people under 40 assume they don’t own enough assets to justify a will. However, your “estate” includes more than just a house or savings account. It may include:
- Retirement accounts or pensions
- Life insurance policies
- Vehicles and personal property
- Digital assets (online accounts, photos, content)
- Sentimental items and heirlooms
A will under 40 ensures these assets are distributed according to your wishes, not left to default Nebraska laws.
Benefits of Having a Will
- Parents Must Name a Guardian: If you have minor children, a will is the only way to formally name a legal guardian in Nebraska. Without a will, the court will appoint someone to care for your children, and that choice may not reflect your wishes. A will under 40 can provide clear guidance and peace of mind for young parents.
- You Can Avoid Unnecessary Conflict: Without a will, grieving loved ones may be left to guess your intentions. This can lead to confusion, stress, and legal disputes. Having a will under 40 removes uncertainty and ensures that your wishes are clearly documented and enforceable.
- Life is Unpredictable: No one plans for tragedy, but accidents and unexpected medical events happen every day, often without warning. Creating a will under 40 in Nebraska allows you to plan for the unexpected, making sure your family is supported and your affairs are in order.
- You Stay in Control of Your Legacy: Dying without a will means the Nebraska courts will distribute your property based on intestate succession. That might mean your assets go to people you wouldn’t have chosen or skip over those you would have wanted to help. A will under 40 keeps that decision in your hands.
What Should You Include in a Will Under 40?
Every estate plan is unique, but most wills in Nebraska include:
- Beneficiaries: The people or organizations you want to inherit your property.
- Guardianship Provisions: Naming a legal guardian for your minor children.
- Executor Designation: Selecting someone to manage your estate and ensure your wishes are followed.
- Asset Distribution Instructions: Detailing who gets what and under what conditions.
- Personal Requests: Instructions for funeral or memorial preferences, if desired.
A well-drafted will under 40 can be simple but effective. The key is making sure it reflects your goals and is legally enforceable under Nebraska law.
How to Create a Will Under 40 in Nebraska
- Make a list of your assets
Include bank accounts, retirement plans, life insurance, and personal property. - Decide who will receive your assets
Think about your beneficiaries and the impact your decisions will have. - Choose a guardian if you have children
Discuss this decision with the person you’d like to appoint. - Select an executor
Choose someone reliable to carry out your wishes and manage your estate. - Work with an experienced Nebraska estate planning attorney
A Nebraska estate planning attorney will ensure your will is valid and properly executed. - Update your will as your life changes
Marriage, divorce, children, or changes in assets should prompt a review of your will under 40.
Talk to a Nebraska Estate Planning Attorney Today
You don’t need to be older, wealthier, or facing retirement to start planning for the future. A will under 40 is a proactive step that puts you in control of your life and legacy. It’s one of the most important things you can do to protect your family and your peace of mind.
At Nebraska Legal Group, we work with individuals and families of all ages to create strong, personalized estate plans. Our Nebraska estate planning attorneys will help you prepare a will under 40 that protects your interests and honors your intentions. Contact us today to start your estate plan.