Divorced? It’s Time to Update Your Estate Plan—Yes, Even in Nebraska

Getting divorced is a massive shift—legally, emotionally, and financially. And while changing your estate plan might feel like something you can leave for “later,” here’s the truth: if you’ve finalized your divorce and haven’t updated your will, powers of attorney, or beneficiary designations, you’re leaving yourself exposed.

You’re not alone if you haven’t touched any of it yet. But you are at risk of real consequences.

Nebraska Law Automatically Revokes Some—but Not All—Estate Planning Provisions

Under Neb. Rev. Stat. § 30-2333, your divorce automatically revokes provisions in your will that leave assets to your ex-spouse or name them as your personal representative. It also generally cuts them out of roles like financial or healthcare power of attorney.

But don’t let that give you a false sense of security.

The Big Exception: Non-Probate Assets Still Go to Your Ex—Unless You Act

That automatic revocation does not apply to non-probate assets. This includes:

• Life insurance policies

• 401(k)s and IRAs

• Bank accounts with Payable-on-Death (POD) or Transfer-on-Death (TOD) designations

• Annuities and brokerage accounts

These types of accounts transfer by contract, not through your will. If your ex is still listed as the beneficiary, they’re still going to get those assets—even after the divorce.

Real Talk: Why This Matters Right Now, Not “Eventually”

Here are a few scenarios that hit close to home:

• You’re in a car accident tomorrow. Your ex is still listed as your healthcare power of attorney.

• You die unexpectedly. Your 401(k) still names your ex as the sole beneficiary—leaving your kids or new partner with nothing.

• You and your ex both pass away, and you never updated your will to name a backup guardian for your minor children. Now the court decides.

Your estate plan was built for a life you’re no longer living. Divorce demands a full reset—especially in Nebraska, where probate and family law overlap in ways most people don’t expect.

What You Need to Review After a Divorce

1. Your Will

Don’t just scribble out your ex’s name and call it a day. Draft a new will that updates:

• Who inherits your assets

• Who should serve as your personal representative

• Who you’d want as a successor guardian for your children (if applicable)

2. Beneficiary Designations

Go through all non-probate accounts and policies. Update the beneficiaries directly through each company or institution. This includes:

• Life insurance

• Retirement accounts (401(k), IRA)

• Annuities

• Bank accounts with POD or TOD

• Investment accounts

3. Financial Power of Attorney

If your ex is still named as the person who can access your finances, revoke and replace that document. Choose someone you trust now.

4. Healthcare Power of Attorney and Advance Directives

Same deal—if your ex is listed, it’s time to update. You don’t want someone who no longer knows you—or worse, no longer has your best interests at heart—making decisions about your care.

5. Revocable Living Trusts

If you had a trust during your marriage, it may need major changes. That could mean:

• Removing your ex as a trustee

• Naming new beneficiaries

• Changing how and when assets are distributed

6. Guardianship Nominations

Your will should name backup guardians for your children, just in case. If something happens to both you and your ex, this ensures the court knows who you would have chosen—not who’s simply available.

7. Probate and Asset Strategy

Divorce often changes your financial picture. Revisit your estate plan with fresh eyes—this is your chance to restructure how your assets will transfer, reduce court involvement, and protect what you’ve rebuilt.

Is All of This Overwhelming?

It doesn’t have to be. With the right attorney, reviewing and updating your estate plan can be straightforward, empowering, and totally manageable. I’ll walk you through every piece, make sure nothing gets missed, and ensure your new plan reflects the life you’re living now—not the one you left behind.

You’ve Closed One Chapter—Now Protect the Next One

Getting divorced was hard enough. Updating your estate plan is one of the most important steps to protect your future and your family. Don’t let your old plan create new problems.

If you’re in Lincoln, Omaha, or anywhere in Nebraska, let’s talk.

I can help you review, revise, and rebuild your estate plan with clarity and peace of mind.

Contact Zachary W. Anderson Law at 402-259-0059 or email zach@zandersonlaw.com.