Your estate plan is the blueprint that determines how your assets, family, and legacy will be cared for when you’re gone. In this video, our Nebraska Legal Group, Estate Planning Attorney Zachary Lutz-Priefert walks you through the most common misconceptions about wills and trusts, how to avoid costly probate, and how to create a plan that actually works when your family needs it most.
Why Estate Planning in Nebraska Matters More Than You Think
Many people believe they’ve already “taken care” of estate planning in Nebraska by downloading a will online or assuming a trust is only for the wealthy. The truth is, small mistakes or outdated plans can cost your family thousands in legal fees, delays, and emotional stress.
Key Nebraska facts to know:
- Probate in Nebraska can consume 5-7% of an estate’s value.
- Outdated or DIY documents often fail to meet Nebraska’s legal requirements.
- Without a clear plan, the state of Nebraska decides who inherits, not you.
The High Cost of Probate in Nebraska
Probate is the court-supervised process of distributing assets after death. In Nebraska:
- Even uncontested probates can cost $3,000-$5,000+.
- Contested or complex cases can exceed $10,000-$15,000.
- The probate process can take 6-12 months or longer.
- Probate is public, meaning anyone can see your assets and beneficiaries.
Checklist: Signs You May Face Probate Costs
- Own a home or other real estate.
- Have children or plan to have children.
- Are part of a blended family.
- Own a business or professional practice.
- Want to leave assets to a charity.
- Have loved ones with special needs or who may be financially vulnerable.
Real Life Stories
The consequences of poor or incomplete estate planning in Nebraska aren’t just legal technicalities. They’re real situations that affect real families. Here are two stories that show how quickly things can go wrong when an estate plan is missing or outdated.
Alyssa’s Story: The Cost of Outdated Planning
Alyssa’s father, Michael, thought his will covered everything, but never updated his documents or funded the trust he needed. Later in life, as his mental capacity declined, Michael was influenced by a much younger partner to sign a new will that left everything to her.
Although the court ultimately ruled the new will invalid, Michael’s estate was still forced into probate. Alyssa spent months tied up in legal proceedings, exhausted significant savings on attorney’s fees, and carried the added burden of stress during her father’s passing, all of which could have been avoided had he updated and completed his original estate plan.
Although the court ultimately ruled the new will invalid, Michael’s estate was still forced into probate. Alyssa spent months tied up in legal proceedings, exhausted significant savings on attorney’s fees, and carried the added burden of stress during her father’s passing, all of which could have been avoided had he updated and completed his original estate plan.
Luke’s Story: When No Plan Means No Inheritance
Luke was raised from birth by Marge, a family friend who cared for him as her own. To Luke, she was his mom. However, Marge never legally adopted him and she never created a will or trust. When she passed away, Nebraska’s intestate succession laws did not recognize Luke as her heir. Instead, Marge’s $800,000 estate, including the Omaha home Luke grew up in, went to distant relatives she hadn’t seen in decades. After more than a year of court battles, Luke was left with nothing but grief, legal bills, and the painful reality that a simple trust could have protected him.
Both Luke and Alyssa’s experiences show why proper estate planning in Nebraska is critical to protecting your family’s future.
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Both Luke and Alyssa’s experiences show why proper estate planning in Nebraska is critical to protecting your family’s future.
Why “Having a Plan” Isn’t Enough
Many people sign a will or set up a trust in Nebraska and assume their work is done. However, it’s important to consider the following when estate planning in Nebraska:
- A will alone does not avoid probate in Nebraska.
- A trust that isn’t funded (assets retitled into it) is just paper.
- DIY forms often miss Nebraska-specific legal requirements.
- Major life changes such as divorce, remarriage, or new children require regular updates.
Building a Strong Estate Plan: Three Core Pillars
Successful estate planning in Nebraska starts with a strong foundation, ensuring your plan is legally sound, financially strategic, and tailored to your family’s unique needs. Here’s what to include:
1. Legal Documents That Work
- Wills, trusts, powers of attorney, healthcare directives.
- Properly drafted to meet Nebraska law and reflect your wishes.
- Trusts to avoid probate and control inheritance timing.
2. Tax and Financial Planning
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Strategies to minimize estate and income taxes for heirs:
- IRA beneficiary trusts and other tools to avoid surprise tax bills.
- Coordination with fiduciary financial advisors.
3. Customized Protection for Your Family
- Special needs trusts for beneficiaries receiving government aid.
- Blended family planning to protect both spouse and children.
- Business succession planning for self-employed individuals.
Who Needs Estate Planning in Nebraska?
Estate planning in Nebraska isn’t just for the wealthy. You should have a plan if you:
- Own a home or other real estate
- Have children or plan to have children
- Are part of a blended family
- Own a business or professional practice
- Want to leave assets to a charity
- Have loved ones with special needs or who may be financially vulnerable
What Happens Without a Plan?
The difference between having a solid plan and leaving things to chance is greater than most people think. Without a plan, your loved ones could face a drawn-out, costly, and emotionally draining process. With a plan in place, you stay in control, making certain your wishes are carried out and your family is protected in Nebraska. Take a closer look at what each path of estate planning in Nebraska could mean for you and your loved ones:
Without a Plan
- State law determines who inherits
- Probate court involvement
- Potential family disputes
- Higher legal costs & delays
- Risk of wrong person making decisions
With a Plan
- You decide where assets go
- Avoids probate entirely
- Clear, enforceable instructions
- Smooth, private transition
- You choose decision-makers
The Best Time to Plan Was Yesterday
The best time to create a plan in Nebraska was yesterday. The second-best time is today. Every day you wait is another day where your family could be left without clear guidance, and at the mercy of the courts.
At Nebraska Legal Group, our experienced Nebraka estate planning attorneys are here to help you build a plan that works for your unique needs. From avoiding probate and minimizing taxes to ensuring your wishes are carried out exactly as you intend, we’ll guide you every step of the way. Don’t leave your family’s future to chance. Schedule a consultation today.
Frequently Asked Questions
Is a trust only for large estates?
No, trusts benefit families of all sizes by avoiding probate and preserving privacy.
How often should I update my estate plan?
At least every 5 years, or after major life events like marriage, divorce, or the birth of a child.
Do single people need an estate plan?
Yes, powers of attorney and a living will are essential, and you should decide who inherits your assets.
Need Additional Estate Planning Information?
Call Nebraska Legal Group at 402.509.7033 or get started with a free case evaluation.
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Email:
info@nebraskalegalgroup.com
Omaha Office
Phone:
402.509.7033
Address:
Two Old Mill, 10855 West Dodge Rd
Suite 240
Omaha, NE 68154
Lincoln Office
Phone:
531.248.5050
Address:
6940 O Street
Suite 314
Lincoln, NE 68510