Guides
Nebraska probate articles
- Can an Irrevocable Trust Be Modified to Increase Minuscule Income Distributions?
2020-02-06
The common law, as well as most state statutes, allow the terms of an irrevocable trust to be modified under certain circumstances. In Wells Fargo Bank, Nat'l Ass'n v. Unknown/Undiscovered Heirs (In re Tr. of Shire), 299 Neb. 25, 907 N.W.2d…
- How Do You Make a Valid Will In Nebraska?
2021-04-16
To make a valid will under Nebraska law, the will must be: In writing; Signed by the testator; Signed by two witnesses. The requirements for making a valid will under Nebraska law are found in NE Code § 30-2327 . Who Can Make a Valid…
- Nebraska Supreme Court: $875,000 Charitable Bequest To Nursing Home Did Not Lapse For Failure Of Gift
2021-06-25
In In Re Akerson , a June 11, 2021 opinion, the Nebraska Supreme Court held that an $875,000 charitable bequest to a nursing home facility did not lapse, and thus reversed the probate court’s decision invaliding the bequest and passing it t…
- Nebraska Supreme Court Construes Will: Intent To Disinherit Heir Must Be Express Or Necessarily Implied In Will
2021-01-18
In In re Estate of Brinkman , the Nebraska Supreme Court construed the terms of a will to determine that a decedent did not intend to disinherit his daughter under the terms of his will. The Facts Of In re Estate Of Brinkman Michael Brinkma…
- Nebraska Supreme Court: Decedent’s Real Property Remained In Estate And Was Not Validly Purchased Under Option Contract
2020-06-25
Sometimes inherited real property passes automatically by operation of Nebraska law. Other times, persons purporting to transact on a decedent’s property are unaware that they do not actually have the authority to do so. In the June 2020 ca…
- Nebraska Supreme Court: Estate, Not County, Responsible For Payment Of Personal Representative Fees
2020-08-04
In a July 24, 2020 opinion, In Re Estate of Hutton , the Nebraska Supreme Court clarified that a decedent’s estate, not the county in which the estate is being probated, is responsible for paying the personal representative’s fees. In this …
- Nebraska Supreme Court: Nonjudicial Settlement Agreement Violated Material Purpose Of Trust By Ignoring Spendthrift Provision
2021-02-25
In In Re Trust Created By McGregor , the Nebraska Supreme Court held that spendthrift provisions of a trust established a material purpose of the trust, and held a nonjudicial settlement agreement invalid for violating the trust’s purpose. …
- Surviving Spouse Rights Nebraska
2019-09-27
Surviving spouse rights are protected under Nebraska law, and include: Elective Share Homestead Allowance Exempt Property Family Allowance These widow's rights are important, and sometimes depend on whether or not the deceased spouse had a …
- Who Are Next Of Kin In Nebraska?
2020-10-21
Next of kin under Nebraska intestate inheritance law include: Surviving spouse Children Parents Siblings Grandparents Aunts and uncles The next of kin heirs at law inherit when a decedent died without a valid will under Nebraska law, otherw…