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Updated Will Guide: Essential Information for All Family Structures

Comprehensive guide to updating your will for blended families, same-sex couples, parents, and individuals with significant assets. Learn why an updated will is crucial for protecting your loved ones and assets.

Introduction

An updated will is one of the most important legal documents you can create to protect your family and assets. This legal instrument ensures your wishes are carried out after your passing, providing clear instructions about how your property should be distributed, who will care for minor children, and how your affairs should be managed. Without an updated will, state laws determine what happens to your assets and dependents, which may not align with your intentions. This guide explains the importance of keeping your will current, especially for blended families, same-sex couples, parents with minor children, and individuals with significant assets. Understanding the basics of an updated will can help you make informed decisions to protect your loved ones and provide peace of mind for your family's future.

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Key Things to Know

  1. 1

    Without an updated will, state intestacy laws determine how your assets are distributed, which may not align with your wishes for your family members.

  2. 2

    For blended families, an updated will is essential to ensure all children (biological and step-children) are provided for according to your intentions.

  3. 3

    Same-sex couples benefit from the legal protections an updated will provides, especially in regions where legal recognition may be evolving.

  4. 4

    Naming guardians for minor children is one of the most important functions of a will for parents.

  5. 5

    Your will should be reviewed and potentially updated after every major life event (marriage, divorce, birth of children, significant asset acquisition).

  6. 6

    For those with significant assets, an updated will should work in conjunction with trusts and other estate planning tools to minimize taxes and maximize asset protection.

  7. 7

    Digital assets, pets, and sentimental items should be specifically addressed in your updated will to avoid confusion or conflict.

  8. 8

    Working with an estate planning attorney familiar with your specific family structure is highly recommended to ensure your will accomplishes your goals.

Key decisions before you file

Before you file a Updated Will in Nebraska, a few decisions shape the document: which option to choose and what each one means. The Updated Will guide walks through them.

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Nebraska Requirements for Updated Will

  • Testamentary Capacity (Nebraska Revised Statute § 30-2326)

    Under Nebraska law, the testator must be of sound mind and at least 18 years old to execute a valid will. Sound mind means understanding the nature and extent of property, the natural objects of one's bounty, and the disposition being made.

  • Execution Requirements (Nebraska Revised Statute § 30-2327)

    A will must be in writing, signed by the testator (or by someone else in the testator's presence and at their direction), and witnessed by at least two competent individuals who sign the will in the presence of the testator and each other.

  • Self-Proved Will (Nebraska Revised Statute § 30-2329)

    A will may be made self-proved at the time of execution or at any subsequent date by acknowledgment by the testator and affidavits of witnesses, each made before an officer authorized to administer oaths, attached or annexed to the will.

  • Holographic Wills (Nebraska Revised Statute § 30-2328)

    A holographic will is valid in Nebraska if the signature and material provisions are in the handwriting of the testator, even if not witnessed. This provides an alternative to formal execution requirements.

  • Revocation of Wills (Nebraska Revised Statute § 30-2332)

    A will or any part thereof is revoked by a subsequent will which revokes the prior will or part expressly or by inconsistency, or by being burned, torn, canceled, obliterated, or destroyed with the intent to revoke by the testator or by another person in the testator's presence and by their direction.

  • Revival of Revoked Will (Nebraska Revised Statute § 30-2336)

    If a second will which revoked a first will is itself revoked, the first will remains revoked unless it is revived. A will can be revived either by an express provision in the revoking instrument or by republication of the original will.

  • Omitted Spouse (Nebraska Revised Statute § 30-2320)

    If a testator fails to provide for their spouse who married the testator after the execution of the will, the omitted spouse receives the same share of the estate they would have received if the testator died intestate, unless it appears the omission was intentional.

  • Pretermitted Children (Nebraska Revised Statute § 30-2321)

    Children born or adopted after the execution of a will who are not provided for in the will are entitled to receive a share of the estate as if the testator had died intestate, unless it appears the omission was intentional.

  • Elective Share of Surviving Spouse (Nebraska Revised Statute § 30-2313)

    A surviving spouse has the right to take an elective share of up to 50% of the augmented estate, depending on the length of the marriage, regardless of what the will provides.

  • Personal Representative Appointment (Nebraska Revised Statute § 30-2412)

    The will should name a personal representative (executor) to administer the estate. If none is named, the court will appoint one according to statutory priority.

  • Guardian Designation for Minor Children (Nebraska Revised Statute § 30-2608)

    A will may appoint a guardian for minor children. The court will consider this nomination but must ultimately act in the best interests of the child.

  • Ademption (Nebraska Revised Statute § 30-2346)

    If property specifically devised is not in the testator's estate at death, the specific devise fails (ademption by extinction), unless protected by anti-ademption statutes.

  • Simultaneous Death Provision (Nebraska Revised Statute § 30-128)

    Under the Uniform Simultaneous Death Act, if there is no sufficient evidence that testator and beneficiary died other than simultaneously, the beneficiary is deemed to have predeceased the testator for purposes of estate distribution.

  • No-Contest Clause Enforceability (Nebraska Revised Statute § 30-2353)

    Nebraska generally recognizes no-contest clauses (in terrorem clauses) that disinherit beneficiaries who challenge the will, though courts may not enforce them if there is probable cause for the contest.

  • Estate Tax Apportionment (Nebraska Revised Statute § 77-2108)

    Unless the will provides otherwise, federal and state estate taxes are apportioned among all beneficiaries in proportion to the value of their interests.

  • Federal Estate Tax Exemption (Internal Revenue Code § 2010)

    Federal law provides an exemption from federal estate tax for estates below a certain value ($12.92 million in 2023), which should be considered when drafting a will for high-net-worth individuals.

  • Generation-Skipping Transfer Tax (Internal Revenue Code § 2601-2663)

    Transfers to grandchildren or more remote descendants may be subject to the generation-skipping transfer tax in addition to estate tax, which should be addressed in wills with such provisions.

  • Marital Deduction (Internal Revenue Code § 2056)

    Unlimited marital deduction allows property to pass to a surviving spouse free of federal estate tax, which can be an important consideration in will drafting.

  • Digital Assets (Nebraska Revised Statute § 30-501 to 30-518)

    Under Nebraska's adoption of the Revised Uniform Fiduciary Access to Digital Assets Act, a will may include provisions giving the executor authority to access and manage digital assets.

  • Testamentary Trusts (Nebraska Uniform Trust Code § 30-3801 et seq.)

    A will may establish testamentary trusts that come into existence upon the testator's death. These trusts must comply with Nebraska trust law requirements.

Frequently Asked Questions