Executive Summary
When a partner passes away, families face two critical questions: What happens to their property, and who will care for the children? In Omaha and Lincoln, inheritance rights determine how assets are distributed, while child custody after the death of a parent depends on existing court orders, biological parent rights, and the best interests of the child. Married spouses often inherit directly, but unmarried partners may have limited protections unless proper estate planning is in place. Understanding how Nebraska law handles inheritance rights and child custody after the death of a parent can help families prepare, avoid disputes, and protect children during an already difficult time.
Understanding Inheritance Rights in Nebraska
Inheritance rights determine who receives property, assets, and other belongings after someone passes away. Nebraska law has specific rules depending on whether your partner left behind a valid will.
- If there is a will: Property is distributed according to the instructions in the will. If your partner named you as a beneficiary, you inherit whatever was designated in the will.
- If there is no will: Nebraska intestate succession laws outline who inherits first, starting with spouses, then children, then other relatives. It’s important to note that unmarried partners who are not legally recognized do not automatically have inheritance rights without a proper estate plan.
- Community vs. separate property: Nebraska is not a community property state, but the court will still consider how property was acquired during the relationship.
Inheritance rights are closely tied to estate planning in Nebraska, so creating a will or trust in Omaha or Lincoln can ensure your wishes are honored.
Challenges for Unmarried Partners in Omaha and Lincoln
If you were not legally married to your partner, you may have limited inheritance rights under Nebraska law. Even if you lived together for many years, you may not be legally recognized as an heir unless your partner planned ahead with a will, trust, or beneficiary designation.
This can lead to difficult outcomes, such as property passing to distant relatives instead of the surviving partner. Speaking with an estate planning attorney in Omaha or Lincoln can help you fully understand how to protect your assets or inheritance rights.
Child Custody After the Death of a Parent in Nebraska
Child custody after the death of a parent in Nebraska depends on several factors, including existing custody orders and the rights of the surviving parent.
If the Parents Were Married or Divorced
- If both parents had custody and one passes away, custody usually transfers to the surviving parent.
- If there was a custody order in place after a divorce in Omaha or Lincoln, the surviving parent often becomes the primary custodian.
If One Parent Was Unmarried or Not on the Birth Certificate
- A biological parent who was not previously involved may still have custody rights in Nebraska.
- The court will consider what arrangement is in the child’s best interests, which could include grandparents or other relatives.
If There Is No Surviving Parent
- Guardianship may be awarded to a close family member, such as grandparents, aunts, or uncles.
- The court always bases decisions on the best interests of the child.
Understanding child custody after the death of a parent helps families in Omaha or Lincoln prepare and make certain children are cared for in a stable, supportive environment.
How Nebraska Courts Decide Custody in These Cases
Nebraska courts always prioritize the child’s well-being in cases involving child custody after the death of a parent. Judges will look at:
- The child’s relationship with each potential guardian
- Stability of the home environment
- The ability to provide financially and emotionally
- Any history of abuse, neglect, or unsafe behavior
If a surviving parent is unfit, the Omaha or Lincoln court may appoint another relative or guardian to assume responsibility.
How to Protect Your Inheritance Rights and Child Custody After the Death of a Parent
Many Omaha and Lincoln families assume inheritance rights and custody matters will work themselves out, but without a clear estate plan, disputes often arise and outcomes may not reflect the deceased parent’s wishes. In some cases, this can also lead to a lengthy probate process, which can delay the transfer of assets and increase stress for family members.
Some key estate planning steps include:
- Setting up wills and trusts to clarify inheritance rights and direct how property should be distributed.
- Guardianship designations to ensure children are cared for by the person you choose.
- Power of attorney documents to give someone you trust the authority to make financial or medical decisions if you are unable.
- Beneficiary forms to transfer life insurance or retirement accounts directly to loved ones.
- Regular updates to your estate plan after major life changes such as marriage, divorce, or the birth of a child.
- Professional guidance from an experienced Omaha or Lincoln estate planning attorney to make sure your documents meet Nebraska’s legal requirements.
With proactive planning, you can secure your inheritance rights and provide certainty about child custody after the death of a parent, giving your family some peace of mind.
Working with a Nebraska Estate Planning Attorney
At Nebraska Legal Group, we know that handling legal matters after the death of a loved one can feel overwhelming. Our estate planning attorneys in Omaha and Lincoln are here to ease that burden by guiding you through inheritance rights and custody concerns with compassion and care. While you focus on healing, we can help protect your family and bring clarity to difficult decisions. Contact Nebraska Legal Group today to schedule a consultation and find the support you need during this time.
Zachary Lutz-Priefert
Director of Estate and Business Planning at Nebraska Legal Group
Zach is a Nebraska-born attorney whose practice focuses on risk mitigation, estate planning, probate, and transactional law for individuals and businesses. With a background shaped by family-owned businesses, work at Nebraska’s Small Business Development Center, and recognition at Creighton University with the Order of the Barristers, he brings both practical and legal insight to his clients. Known for his family-first approach, Zach helps clients protect their legacies and prepare for future generations while building strong, lasting relationships.
Education: Creighton University School of Law
Years of Experience: 10+ years of high-level estate and business planning experience