Aretha Franklin’s Will Was Found in Her Couch. Let’s Talk About Why That’s a Problem.

If you’re asking yourself, “Do I really need a will in Nebraska?” the answer is almost always yes. But if your plan is to scribble one down and stash it in the sock drawer or under the couch cushions? We need to have a serious conversation.

What Happens If You Die Without a Will in Nebraska?

When someone dies without a valid will, Nebraska intestacy laws take over. That means the state decides how to distribute your assets based on a strict formula—not based on your actual relationships or wishes. And Nebraska’s intestacy statutes don’t care if you wanted your sister to have the house or your nephew to get your guitar collection. No will? No say.

So even if you’ve told your family exactly what you want, those verbal promises mean nothing in probate court. The only thing that matters is what’s written, valid, and legally enforceable.

Aretha Franklin’s Couch Will: A Cautionary Tale

Let’s take a page out of celebrity estate planning gone wrong. When Aretha Franklin passed away in 2018, no formal will had been filed. For a while, it looked like her multimillion-dollar estate would be distributed under Michigan’s intestacy laws.

But then her family discovered two handwritten wills—one in a locked cabinet and another (from 2014) wedged between couch cushions. Yes, seriously.

After years of legal disputes, a jury ruled that the couch will counted. But by then, her family had already spent years in court, thousands in legal fees, and plenty of emotional energy trying to decipher what she meant to happen. The handwritten note ended up changing the entire distribution of her estate.

Let that be a lesson: a couch is not a filing system. And a handwritten note is not the same as a legally valid will in Nebraska.

Handwritten Wills in Nebraska: Are They Valid?

Unlike some states, Nebraska does not reliably accept handwritten wills—also known as holographic wills—unless they meet strict legal requirements. Most of the time, that means:

• The document must be entirely in your own handwriting

• You must be of sound mind and over 18

• It often must be properly witnessed, unless it’s a very narrow exception

If your handwritten will doesn’t meet those standards, it’s probably not enforceable—which means the court will ignore it entirely.

And yes, that includes anything scribbled on napkins, Post-it notes, or the back of receipts.

“I Just Want Something Simple” Still Needs to Be Legal

You don’t need a six-figure estate, vacation home, or investment portfolio to benefit from a will. If you have kids, a home, a bank account, or even just a few things you care about, a basic estate plan protects your wishes—and your family.

Simplicity doesn’t mean skipping the legal steps. A clean, straightforward will drafted with a qualified Nebraska estate planning attorney can be done efficiently, often in a single session. The peace of mind is worth more than the cost of doing it right.

What Documents Should Be Part of a Nebraska Estate Plan?

A solid, valid estate plan usually includes:

• A Last Will and Testament

• Power of Attorney for Finances

• Power of Attorney for Healthcare

• HIPAA Authorization

• Optional: A Revocable Living Trust, depending on your goals

These aren’t just documents—they’re tools to help your family avoid confusion, court battles, and legal fees after you’re gone.

FAQ: Nebraska Wills and Estate Planning

Do I need a will if I don’t own much?

Yes. Even if your assets are modest, a will helps make sure they go to the people you choose—not just next of kin by default.

Are handwritten wills legal in Nebraska?

Only in very narrow circumstances. Most handwritten wills don’t meet Nebraska’s legal standards and can be declared invalid.

Can I make a will without a lawyer in Nebraska?

Technically yes—but it’s risky. A DIY will might not be valid or clear enough to avoid disputes, especially if it’s not properly witnessed or stored.

What happens if I die without a will in Nebraska?

Your estate will be distributed according to Nebraska’s intestacy laws, which may not match your wishes or family dynamics.

Where should I keep my will?

In a secure, accessible place—ideally not the couch cushions. Store it in a safe, file cabinet, or with your attorney, and make sure your loved ones know where to find it.

How long does it take to make a will?

A basic will can often be drafted, reviewed, and finalized within one to two sessions with an estate planning attorney.

The Takeaway: Don’t Be Like Aretha’s Couch

Aretha Franklin was a legend—but even legends need proper estate plans. Her couch-cushion will may have passed legal muster in the end, but it cost her family years of litigation and emotional stress.

Let’s not do that.

If you want to make sure your family knows what to do, who gets what, and how to carry out your wishes without a legal mess, it starts with one simple step: make a valid Nebraska will. And keep it where it can actually be found.

Ready to Make Your Will the Right Way?

We help people across Nebraska create clear, legally sound estate plans that hold up in court—and spare their families unnecessary stress.

Call 402-259-0059 or email zach@zandersonlaw.com to schedule a consultation and get started. Because your couch is for naps—not for storing your legacy.