Do I Need a Will? A Nebraska Parent’s Guide to Protecting Your Children

If you’re a parent, you already juggle a thousand responsibilities—from school runs and sports practices to just keeping the household afloat. It’s easy to let creating a will slip to the bottom of the to-do list. But the truth is, a will may be the most important document you ever prepare for your children. Without one, Nebraska law—not you—decides who will raise your kids and how your property will be managed. A thoughtful estate plan serves as your voice when you can no longer speak for yourself. It ensures your children are cared for by the person you trust, protects their financial future, and provides stability in an impossibly difficult time. This guide explains why every Nebraska parent needs a will and how it works to protect your family.

Why a Will Matters for Parents

A will is more than just a legal formality. It is the only place where you can legally name a guardian for your minor children. Without that designation, a judge who doesn’t know your family will be forced to choose a guardian, sometimes after heated disputes between relatives. By naming a guardian, you decide who will raise your children, whether that is a sibling who shares your values, your parents, or a trusted friend. This choice gives your children stability at a time when everything else may feel uncertain.

A will also allows you to protect your children’s inheritance through a trust. Most parents are not comfortable with the idea of a nineteen-year-old suddenly inheriting a large sum of money with no restrictions. A testamentary trust, created within your will, places those assets under the management of a trustee you choose. The funds can be used for your child’s education, housing, and care, while the bulk of the inheritance remains protected until your child reaches an age where you feel confident in their financial maturity.

Finally, a will lets you appoint a personal representative, or executor, who will carry out your wishes. This person gathers your assets, pays bills and taxes, and distributes property according to your instructions. Selecting someone organized and trustworthy spares your family from the burden of managing complex legal and financial tasks during a period of grief.

The Risks of Dying Without a Will in Nebraska

When someone dies without a will, they die “intestate.” In that situation, Nebraska’s Uniform Probate Code dictates how property is divided, and the results often surprise families. Under Neb. Rev. Stat. § 30-2302, if you leave behind a spouse and children, your spouse does not automatically inherit everything. Instead, your spouse receives the first $100,000 plus half of the remaining estate, while your children receive the other half.

If your children are minors, their share is placed in a restrictive, court-supervised conservatorship until they turn nineteen. That means your surviving spouse may have to ask a conservator for access to funds—even for essential family expenses like paying the mortgage. This system is costly, requires annual accountings to the court, and ties up money your spouse may need to maintain stability for the family.

Frequently Asked Questions

What happens if parents in Nebraska die without a will?

If you die intestate, Nebraska’s laws control everything. The court appoints a guardian for your children and a conservator to manage their inheritance. Your property is divided by a fixed legal formula, not your personal wishes.

Does my spouse automatically inherit everything in Nebraska?

No. If you have children, the estate is divided between your spouse and children. For minor children, the court appoints a conservator to manage their share, which can make it harder for your spouse to meet the family’s needs.

When should parents create a will?

The best time is as soon as you have a child. An estate plan is part of responsible parenting. It can and should be updated after major life events like the birth of another child, divorce, or major financial changes.

What does a trust accomplish for my children?

A trust protects inherited assets and ensures they are used for your child’s benefit. You decide how and when the money is distributed, so your children are not handed full control of their inheritance the moment they reach Nebraska’s age of majority.

Protect Your Family’s Future Today

Creating a will isn’t about focusing on death—it’s about protecting life. It’s an act of love that ensures your children are raised by the person you trust, your spouse has the resources to maintain stability, and your wishes are respected. A single conversation about estate planning can provide your family with clarity and security for years to come.

If you are a parent in Nebraska and ready to put these protections in place, I can help.

📞 Call: 402-259-0059

📧 Email: zach@zandersonlaw.com