The Hidden Risks of DIY Estate Planning Templates in Nebraska
In the digital age, it’s easy to believe that estate planning can be handled with a quick online download. DIY will and trust templates are everywhere. A few clicks, some personal info, and you’re done — right?
Not quite.
As a Nebraska estate planning attorney, I’ve reviewed dozens of these documents, and more often than not, they do more harm than good. While they may seem convenient and inexpensive upfront, DIY estate planning templates often lead to confusion, probate delays, legal challenges, and unintended consequences.
Let’s break down why these one-size-fits-all documents simply don’t work — especially under Nebraska law.
1. Generic Templates Don’t Fit Real Nebraska Families
Estate planning templates are broad by design. But your life, family, and assets are anything but generic. A boilerplate will or trust won’t address unique factors like:
Blended families
Children from prior relationships
Farm or business ownership
Beneficiaries with special needs
Out-of-state property
Failing to address these factors can lead to accidental disinheritance, family disputes, or even loss of government benefits for vulnerable beneficiaries.
A good estate plan is customized to your circumstances. A template can’t ask follow-up questions or help you think through complex family dynamics. And in Nebraska, where rural property, closely held businesses, and multigenerational estates are common, those details matter.
2. Nebraska Law Has Specific Requirements
Nebraska’s wills and trusts laws have clear requirements around how documents are executed, witnessed, and interpreted. Many templates use language that aligns with other states — or worse, outdated laws.
For example:
Nebraska requires two competent witnesses for a will to be valid (Neb. Rev. Stat. § 30-2327)
Certain phrases or legal structures may not be recognized under Nebraska statutes
Probate and non-probate transfers must be carefully coordinated to avoid conflicts
One misplaced word, incorrect assumption, or improper signature block can make your document invalid or legally unclear. That’s not just a theoretical risk — I’ve seen it happen, and the fallout isn’t pretty.
3. DIY Wills Often Lead to Probate — Not Avoid It
Many people turn to templates to “simplify” estate planning, but most fail to include the tools necessary to avoid Nebraska probate. Without:
Correctly titled assets
Up-to-date beneficiary designations
…your estate will likely go through probate court — a public, sometimes lengthy, and often expensive process.
Templates rarely mention trust funding, coordination with life insurance or retirement accounts, or how Nebraska probate works. Ironically, people using templates to “save time and money” often end up burdening their families with more of both.
4. No Tax Planning Means Missed Opportunities
While Nebraska is phasing out its inheritance tax and doesn’t impose a state estate tax, other taxes still apply. Strategic estate planning can help minimize:
Federal estate taxes
Income taxes on inherited IRAs
Capital gains taxes on appreciated assets
Templates simply don’t offer that level of tax-sensitive planning. They can’t spot when a beneficiary might trigger a higher tax bracket or suggest the best way to pass on real estate or investments. These are key issues that should be handled with personalized advice — not guesswork.
5. No Guidance When Something Goes Wrong
The biggest risk? The false sense of security.
With a DIY template, there’s no attorney to:
Clarify confusing language
Help your family interpret vague clauses after your death
Ensure your plan aligns with your actual goals
Step in if something changes down the line
Most problems with DIY estate planning don’t show up until it’s too late to fix them — and that burden falls on your family.
6. Your Estate Plan Should Change as Life Does
Templates are static. But your life isn’t. Over time, your family structure, assets, or health might change — or Nebraska law might shift. A solid estate plan is a living document, built for regular review and updates.
Templates don’t come with reminders or help you recognize when a change requires action. An experienced estate planning attorney does.
The Bottom Line: You Deserve a Customized Plan
Estate planning isn’t just filling out forms. It’s about protecting your loved ones, avoiding unnecessary court involvement, and ensuring your wishes are honored. A template can’t replace strategy, context, or guidance — and it’s not worth the gamble when the stakes are this high.
If you’re ready to create a thoughtful, legally sound estate plan tailored to Nebraska law and your life, I’d be happy to help.
Call 402-259-0059 or email zach@zandersonlaw.com to schedule a consultation.
Frequently Asked Questions
Are DIY wills legal in Nebraska?
They can be, but only if executed correctly under Nebraska law. Many DIY templates fail to meet state-specific requirements or include clauses that don’t align with Nebraska statutes, which can lead to probate complications or invalidation.
What are the risks of using a free will or trust template?
Outdated or incorrect legal language
Failure to account for Nebraska probate rules
No tax planning or trust funding guidance
No help adapting to life changes
No legal accountability if something goes wrong
How often should I update my estate plan?
You should review your estate plan every 3–5 years, or sooner after a major life change — such as marriage, divorce, a new child, a death in the family, a move, or a significant asset purchase.
Does Nebraska have an estate tax?
No. Nebraska does not have a state estate tax, but it does currently impose an inheritance tax, which is being phased out. Federal estate tax and other taxes (like income or capital gains) may still apply, depending on your situation.
Can I avoid probate in Nebraska?
Yes — but only with proper planning, including a fully funded revocable living trust, coordinated beneficiary designations, and correctly titled assets. A DIY will usually guarantees probate involvement.