Fair vs. Equal: Do I Have to Leave My Kids Equal Inheritances in My Nebraska Will?
When parents create a will, their first instinct is often to divide everything equally among their children. It feels simple, clean, and, on the surface, fair. But as families grow and evolve, it becomes clear that “equal” and “fair” are not always the same thing. One child may have stayed behind to run the family farm, while another received financial help for college or a down payment on a house. One may be a high-earning professional, while another has dedicated their life to a lower-paying but essential career. In Nebraska, the law gives you the flexibility to create an estate plan that reflects your family’s real circumstances. The key is thoughtful planning and clear communication. For a broader perspective, see Next Avenue’s article on why equal isn’t always fair.
Key Takeaways for Nebraska Parents
In Nebraska, you have broad “testamentary freedom.” That means:
You Have the Right to Decide: You are not legally required to leave equal shares to your children.
“Fair” Depends on Your Family: Fairness might mean compensating a caregiver, providing for a child with special needs, or ensuring the continuity of a farm or business.
Communication Prevents Conflict: The biggest cause of estate litigation is surprise. Explaining the “why” behind your decisions is the best way to avoid disputes.
Your Will Should Evolve: A will written when your children were toddlers likely won’t reflect the realities of their adult lives. Review it regularly.
Why “Equal” Isn’t Always “Fair” for Nebraska Families
Every family has its own history, and identical treatment doesn’t always mean equitable treatment. Common Nebraska scenarios highlight this point.
For example, leaving a farm equally to the child who actively farms it and the child who lives out of state may force a sale or create conflict. A fairer approach may be to leave the farm to the farming child, while using life insurance or other assets to provide for siblings.
If you provided one child with substantial lifetime support — paying for school, funding a business, or covering a down payment — you may wish to balance inheritances for other children.
Children with disabilities or greater financial struggles may need more support than siblings who are secure. A trust can protect their inheritance while ensuring it is used wisely.
And if one child sacrifices career opportunities to serve as your caregiver, you may feel it is only fair to acknowledge that contribution in your estate plan.
Your Right to Decide: What Nebraska Law Says
Nebraska law gives parents wide discretion. Your children have no guaranteed right to inherit equal shares — or to inherit at all. This freedom allows you to design an estate plan that reflects what you believe is fair.
A Nebraska will or trust can:
Make unequal distributions of property or cash.
Place a child’s inheritance into a trust with clear rules.
Leave specific assets, such as real estate or heirlooms, to specific individuals.
As long as your will is validly executed, the court’s role is to enforce your wishes — not to second-guess whether they are “fair.”
The Most Powerful Tool for Preventing Conflict: Communication
Although you have the legal right to be unequal, an unexplained inheritance can cause long-lasting resentment. Silence is the main fuel for family disputes.
Talking with your children while you are alive is the most effective way to manage expectations. You can also prepare a non-legally binding “letter of wishes” that accompanies your will. This letter allows you to explain the reasons behind your decisions. For example, noting that you left the farm to Jane because she has dedicated her life to it, while leaving an equivalent life insurance policy to John, can help preserve family harmony.
When to Revisit Your Will
A will is not a “set it and forget it” document. Your family’s circumstances will change, and your plan should change with them. It’s wise to review your estate plan every three to five years, or after significant events such as the birth of a grandchild, a marriage or divorce, the death of a beneficiary, or major financial changes.
Frequently Asked Questions
Can I completely disinherit a child in Nebraska?
Yes. Nebraska law allows you to disinherit a child if you do so clearly and unambiguously in your will.
Won’t unequal inheritances guarantee conflict?
Not necessarily. Conflict usually comes from surprise. If your children understand your reasoning, they are more likely to accept unequal shares as fair.
What’s the difference between a will and a letter of wishes?
A will is a legally binding document. A letter of wishes is informal and not binding, but it explains your values and reasoning — often preventing resentment.
Your Legacy Is More Than Just Numbers
Estate planning is about more than dividing property. It is about protecting your family, passing on your values, and reducing conflict after you are gone. In Nebraska, the law gives you the flexibility to define fairness for your family. With proactive planning and open communication, you can leave behind peace of mind instead of disputes.
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📧 Email: zach@zandersonlaw.com