Can I Disinherit Someone for Committing a Crime in Nebraska?

It’s a question that comes up more often than you’d think: can I write someone out of my will or trust if they break the law? On the surface, it seems simple—if an heir commits a crime, they shouldn’t inherit. But in the eyes of Nebraska law, it’s rarely that straightforward. Vague “morality clauses” can spark family disputes, trigger contested probate proceedings, and drain your estate in litigation. This article explains the risks of crime-based disinheritance clauses, highlights how Nebraska courts view conditions in wills and trusts, and offers practical alternatives to ensure your estate plan reflects your values without creating legal chaos. If you’re considering disinheriting someone for misconduct, here’s what you need to know to build a plan that holds up in court.

Why “Bad Behavior” Clauses Often Backfire

When a client says, “If my son commits a crime, he gets nothing,” my legal red flags start waving.

The first issue is definition. What counts as a crime? A felony like fraud or assault? A misdemeanor DUI? Or a speeding ticket? Nebraska technically classifies traffic infractions as crimes. Without airtight language, you leave the door wide open to interpretation.

The second issue is proof. Does the clause apply only after a criminal conviction? What about a plea deal, or charges that are dropped? What if a crime happened but no one was caught? And who decides—your trustee, a Nebraska probate judge, or a feuding heir?

These aren’t theoretical problems. They’re exactly the kind of ambiguities that fuel expensive trust litigation in Nebraska.

The High Cost of Confusion: Litigation Risk

The single biggest danger of a vague morality clause is a court battle. When one heir argues another should be cut out, your estate becomes the battlefield.

Nebraska courts prioritize clarity, enforceability, and fairness. Any vague or ambiguous provision in a will or trust can—and likely will—be challenged. Instead of promoting family harmony, crime clauses often do the opposite, burning through estate assets on lawyers’ fees.

Smarter Alternatives That Actually Work

If you want your Nebraska estate plan to reflect your values, there are better tools than a blanket “crime” clause.

Incentive Trusts: These reward positive behavior rather than punish bad conduct. An incentive trust can condition distributions on milestones like graduating from school, maintaining sobriety, or steady employment.

Targeted Trustee Discretion: You can authorize your trustee to pause or adjust distributions under objective guidelines—such as substance abuse, gambling, or severe financial irresponsibility. This provides flexibility while still giving your trustee a clear standard to follow.

Focusing on clarity and objectivity reduces the chance of disputes and ensures your wishes are honored.

FAQs About Disinheritance in Nebraska

Can I legally disinherit someone in Nebraska?

Yes, with limits. You can disinherit most heirs, but Nebraska law gives spouses and minor children statutory rights. For example, a surviving spouse can claim an elective share of the augmented estate.

So I can add a clause to disinherit someone for a crime?

You can, but it’s rarely wise. Vague crime-based clauses are extremely hard to enforce. Nebraska courts prefer clear, objective standards.

What about Nebraska’s “slayer statute”?

Nebraska already has a law, often called the slayer statute (Neb. Rev. Stat. § 30-2354), that prevents someone from inheriting if they feloniously and intentionally kill the person whose will or trust it is. You don’t need to add this—it’s automatic.

Are there better tools than morality clauses?

Absolutely. Incentive trusts, discretionary trusts, and conditions tied to specific, verifiable events are all stronger and more enforceable.

Do I need a lawyer to draft this?

Yes. DIY conditions are the fastest way to guarantee contested probate proceedings. A Nebraska estate planning attorney can ensure your language is enforceable and aligned with your goals.

Let’s Build a Plan That Works

Estate planning isn’t just about distributing assets. It’s about protecting your loved ones from conflict and ensuring your legacy stands the test of time. A poorly drafted clause could cost your family years of stress and tens of thousands in legal fees.

If you’re in Lincoln, Omaha, or greater Lancaster County, let’s talk about your estate planning goals. Together, we’ll design a plan that is clear, effective, and built to withstand challenges in Nebraska courts.

Zachary W. Anderson Law

Estate Planning | Family Law | Guardianships & Conservatorships

📍 Lincoln, NE

📞 402-259-0059

📧 zach@zandersonlaw.com