Estate Planning for Single Parents: Make the Call Before the Court Does

If you’re a single parent, estate planning isn’t something to push off for another day—it’s one of the most important steps you can take to protect your kids, no matter how young or healthy you feel right now. Because here’s the truth: if something unexpected were to happen and you don’t have a will in place, the court—not you—decides who raises your children.

And trust me, that doesn’t always go the way you’d hope. The law requires a guardianship proceeding, and the judge will follow a specific priority list under Nebraska law. That might mean your kids end up with their other parent (even if you’re not exactly thrilled about that), your ex’s mom, or the sibling you haven’t spoken to since Thanksgiving 2017. Worst-case scenario? Your kids could wind up in foster care, waiting there until they turn 19. I don’t say that to scare you—I say that because I’ve seen it happen.

Without a will, you don’t get a say. But when you do put your wishes in writing—by naming a guardian in a validly executed will—the court will take that into account, even if the other parent is still in the picture. The judge still has to weigh the fitness of any living parent, but your voice can absolutely still carry weight. Only if you use it.

But wills are just the start. If you own a home, have life insurance, or are saving anything for your kids’ future, you should also consider setting up a living trust. That lets you decide how those assets are used, who’s in charge of managing them, and what your kids will actually receive. While you’re alive and capable, you stay in charge. But if something happens to you—illness, injury, or worse—you’ve already named someone you trust to step in and keep everything moving.

And no, this isn’t just for people with massive estates. This is for people who care about making things as smooth and secure as possible for their kids. For people who want to make sure some random court appointee isn’t making decisions about where their kids live or how their money is spent. This is for YOU.

If your stomach dropped reading any of this, let’s talk. You don’t need to have all the answers. You just need a plan that reflects your values and your love for your children. That’s where I come in.

Call 402-259-0059 or email me at zach@zandersonlaw.com zandersonlaw.com. I’ll make sure your wishes are known—and more importantly, honored