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

Getting divorced in Nebraska comes with a lot of paperwork, stress, and life changes—but updating your estate plan shouldn’t be something you leave for “later.” If you’ve finalized your divorce and haven’t touched your will, powers of attorney, or beneficiary designations, you’re not alone. But you are at risk of some very real consequences.

Here in Nebraska, under Neb. Rev. Stat. § 30-2333, divorce automatically revokes provisions in your will that leave assets to your ex-spouse or name them as your personal representative. That also generally applies to your ex being named as your healthcare proxy or financial power of attorney. So, technically, those roles are wiped out on paper.

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

There’s one huge piece most people miss: that automatic revocation doesn’t apply to your non-probate assets. That means your life insurance policy, retirement accounts, annuities, or even a simple Payable-on-Death (POD) bank account could still send your assets directly to your ex—unless you’ve gone in and manually changed the beneficiary. These assets transfer by contract, not by your will, so they bypass probate and ignore what your divorce decree says unless you intervene.

Here’s why this matters right now, not someday:

What if you get into a car accident tomorrow and are incapacitated—your ex is still listed as the person in charge of your finances or medical decisions?

What if you pass away unexpectedly and your 401(k) still lists your ex-spouse as the sole beneficiary, cutting out your kids or new partner completely?

And what if you have minor children and haven’t named a backup guardian in your will—who makes that call if both you and your ex are gone?

Your estate plan was built for a version of your life that no longer exists. The reality of post-divorce life—especially in Nebraska, where probate and family law intersect constantly—requires a full reset.

As an attorney who works in both estate planning and family law here in Lincoln, I can tell you: this is one of the most overlooked but most crucial follow-ups after a divorce. And no, it’s not overwhelming when you know what to look at and who can help.

So, let’s break it down.

Here’s What You Need to Review After Divorce:

1. Your Will (a.k.a. Last Will and Testament)

   Don’t just cross your ex’s name out in Sharpie and call it a day. Draft a new will. You’ll want to update who inherits your assets, name a new personal representative, and—if applicable—name a successor guardian for your kids.

2. Beneficiary Designations

   This is where most people get blindsided. Go through all non-probate assets and update your beneficiaries directly with each institution:

   • Life insurance policies

   • 401(k)s and IRAs

   • Bank accounts with POD or TOD designations

   • Annuities

   • Brokerage accounts

3. Financial Power of Attorney

   If your ex is still listed as the person who can access your bank accounts or sign on your behalf in the event of incapacity, revoke that and appoint someone else you trust.

4. Healthcare Power of Attorney & Advance Directives

   Same idea. You don’t want someone who no longer plays a role in your life making major decisions about your healthcare if something happens.

5. Revocable Living Trusts

   If you set up a trust during your marriage, now’s the time to revise it. That could mean removing your ex as a beneficiary or trustee and naming new people to manage or receive assets.

6. Guardianship Nominations (for Minor Children)

   Even if your ex would likely be the surviving parent, your will is still where you name backup guardians if something happens to both of you. This is critical, especially if there are specific people you trust—or don’t trust—to care for your children.

7. Asset Protection and Probate Strategy

   Divorce changes your financial picture. Revisiting your estate plan allows you to rethink how your assets will be distributed, whether your estate will go through probate, and how to structure things to make life easier for your family later on.

This Sounds Like a Lot. Does It Have to Be?

Nope. With the right guidance, this process can be simple, clean, and empowering. My role as a Nebraska estate planning attorney is to walk through each of these steps with you, clarify your options, and make sure your updated plan reflects where your life is now—not where it used to be.

Final Thought

You worked hard to get through your divorce. Updating your estate plan is one of the last—but most important—steps to closing that chapter and protecting what comes next.

If you’re in Lincoln, Omaha, or anywhere in Nebraska and recently divorced, let’s talk. I’ll help you sort through the pieces and build a plan that fits your new life and priorities—with clarity, confidence, and peace of mind. Contact me at 402-259-0059 or zach@zandersonlaw.com.