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.

What Happens If You Don’t Have a Will in Nebraska?

Here’s the truth: if something unexpected happens 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.

Naming a Guardian in a Will Gives You a Voice

When you name a guardian in your will, you’re not just filling in a blank. You’re saying: this is who I trust to raise my kids if I can’t. It’s your chance to speak up—loudly and clearly—about who you want guiding your children’s lives. Even if the other parent is still around, your nomination matters. The judge may still weigh fitness and circumstances, but they’re not making a decision in the dark. You’ve lit the path for them.

Why a Living Trust May Also Be Worth Considering

And it’s not just about who raises your kids—it’s also about how their money is managed. If you own a home, have life insurance, or are saving anything for your kids’ future, setting up a revocable living trust is worth your time. It lets you stay in control while you’re alive and capable, but also lets someone you trust step in if you’re not.

A trust lets you:

• Decide how and when your children receive money

• Name someone responsible (not just legally obligated) to manage those funds

• Avoid probate court and conservatorship headaches

This isn’t just for people with massive estates. This is for people who care. People who want to make sure a random court appointee isn’t making decisions about where their kids live or how their money is spent. This is for YOU.

Estate Planning Is Not Just for the Wealthy

If your stomach dropped reading any of this, you’re not alone. You don’t need to be rich or retired or remarried to care about protecting your kids. You just need a plan that reflects your values and gives your family a fighting chance at stability.

Get Help from a Nebraska Estate Planning Attorney

If you're a single parent in Nebraska and you're ready to make sure your kids are protected, I’m here. Whether you need a will, a trust, or just want to talk through your options, let’s make sure your wishes are known—and more importantly, honored.

Call 402-259-0059 or email me at zach@zandersonlaw.com.

Because doing nothing? That’s the only option that guarantees someone else makes the call.