Nebraska State Specific Information

Will, Trust, Power of Attorney, and Estate Planning

Official state laws:

Minimum age requirement to:

Distribute property by will: 18, but if married no minimum age (Section 30-2326)
Which minor gets property: 21

Holographic will recognized (Section 30-2328)

State taxes:

Estate tax: Equal to federal credit for state death taxes minus amount paid to state inheritance tax (Section 77-2001 to 77-2006 and 77-2101.01)
State gift tax:Inheritance tax: Up to 16% (Section 77-2001 to 77-2006 and 77-2101.01)
- No state gift tax (Section 77-2001 to 77-2006 and 77-2101.01)
- Anatomical Gift Act (Section 71-4804)
Inheritance tax: Up to 16% (Section 77-2001 to 77-2006 and 77-2101.01)

Default rules: How property is distributed if there is no will, i.e. laws of intestate succession): (Section 30-2302 to 30-2303)

No surviving spouse, but there are surviving children:
- All of the estate goes to the surviving children split equally among them or to their children in accordance to their per stirpes share
Surviving spouse and
- Children of surviving spouse:
  - $50,000 and one-half (1/2) of your estate to surviving spouse, and
  - The other one-half (1/2), split equally among the surviving children
  - Children not of the surviving spouse (for example your children from a previous marriage):
    - $50,000 and one-half (1/2) of your estate to surviving spouse, and
    - The other one-half (1/2), split equally among the surviving children
    - No children and both of your parents of deceased:
      - All of your estate will pass to your spouse
    - No children, but at least one of your parents survives you:
      - $50,000 and one-half (1/2) of your estate to surviving spouse, and
      - The other one-half (1/2), split equally among the surviving parents
At least one parent survives you, but no surviving spouse or children:
- All of your estate will pass to your surviving parents equally
No spouse, children, or parents:
- Siblings (brothers and sisters) according to their per stirpes share. If none, then to grandparents or the children of your siblings according to their per stirpes share. If none, then one-half (1/2) to maternal grandparents and the other one-half (1/2) to paternal grandparents

Who must be named as a beneficiary in your will:

Surviving spouse (Section 30-2321), andChildren, born or adopted (Section 30-2313)
- Surviving spouse must be given:
  - One-half (1/2) of your “augmented” estate; “augmented” usually includes both the property that passes under the will and any other property that passes by other “non-will” transfers, e.g. under a living trust or joint tenancy arrangement; see statute for more details on “augmented” (Section 30-2313)
Children, born or adopted (Section 30-2313)

Effects of changes in your marital status on your will:

You are divorced from the surviving spouse:
- Revokes will as to divorced surviving spouse (Section 30-2333)
You get married without changing your will that does not provide for your new spouse:
- Spouse is still entitled to shares under state intestate law (Section 30-2320)

Witnesses:

Minimum number of witnesses required: Two (Section 30-2327)
Are witnesses allowed to be beneficiaries?: Yes; however, amount may be limited to amount entitled to under state intestate law (Section 30-2330)
Requirements to be a witness, witnesses must:
- be an adult,
- not be employees of your life or health insurance provider, and
- at least one witness must not be administrator or employee of your treating healthcare provider

Property ownership (Section 76-118):

Common law state
Bank account deposits held jointly are payable to any survivor named in the bank account, unless there is clear evidence that the deposit is payable only a specified survivor
Tenancy by the entirety is not recognized in this state
Tenancy in common and joint tenancy are recognized in this state

Other types of wills:

Self-proving wills recognized: Yes, recognized (Section 30-2329)
Living will: Nebraska Declaration (Section 20-404) requires an incurable disease or irreversible medical condition which, without the use of life support, will result in death in a relative short period of time, or you are in a permanent coma or persistent vegetative state
Power of Attorney for Health Care (Section 30-2665)
Durable Power of Attorney (Section 30-2665)